fbpx

Direct Contact With Both Parents Best Promotes Child Welfare

6th April 2018 By Arman Khosravi

Family judges know that children normally do best when they have direct contact with both parents. The Court of Appeal underlined that point in a case concerning five ultra-Orthodox Jewish children whose transgender father had been ostracised by the close community in which they lived.

After the father left the family home and began life as a woman, both parents agreed that the children, aged between three and 13, should remain living within the Charedi community in which they were brought up. However, purely because she was transgender, members of the community shunned the father and the children faced the same treatment if they had direct contact with her.

In those circumstances, a judge rejected the father’s application for direct contact with her children. She was instead granted limited, indirect contact and the judge ordered that the children be provided with ‘staged narratives’, couched in appropriate terms, concerning their father’s transgender status.

In upholding the father’s appeal against that ruling, the Court found that, in focusing on cultural and religious concerns in respect of contact, the judge had lost sight of the principle that the welfare of children is always paramount in family cases. He had failed to explain why indirect contact and the giving of narratives were in the children’s best interests whilst direct contact was not.

The judge had failed to consider a single attempt at making direct contact work and there was considerable force in the father’s complaint that he had not tried hard enough. The father’s contact application was remitted to a different judge for fresh consideration.

Source: Concious

Latest News

Challenge to Will's Validity Rejected by High Court

12th April, 2024 By

The best way to ensure your assets will be distributed as you wish is to have your will professionally drafted by a qualified solicitor. In a recent case, a challenge to the validity of an elderly man's will was dismissed by the High Court. The man had previously made a will in 2011, leaving most of his estate equally to his three children. In 2018, by which time one of his sons had predeceased him, he made a further will, leaving the residue of his estate to his other son...

Defiance of Family Court Orders Will Always End Badly

10th April, 2024 By

Custodial sentences very rarely come into play in the family courts. Where there have been repeated breaches of court orders, however, judges may have little choice but to clamp down. This was illustrated in the High Court during committal proceedings that stemmed from a child custody dispute. The background to the case involved contested proceedings between the father and mother of a young child. These concluded with a court order establishing that the child – a daughter – would live with the mother. Three months later the daughter travelled with...

Claim for SDLT Relief on Annex Unsuccessful

8th April, 2024 By

When buying a property consisting of more than one residence, it may be possible to claim multiple dwellings relief (MDR) against Stamp Duty Land Tax (SDLT). However, there are certain conditions that must be met for an MDR claim to succeed, as a recent case illustrates. A property was purchased for £1.8 million. Prior to the purchase, the buyer had agreed with the seller that he would be allowed to carry out works to construct a self-contained annex at the property. The buyer's SDLT return included a claim for MDR...

Divorce – Alleged Bigamy Raised in Financial Remedies Dispute

5th April, 2024 By

The issue of bigamy and its potential impact on a person's ability to seek financial remedies in a divorce came under the legal spotlight recently. A husband made an application to strike out his wife's financial remedies claim on the basis that she had committed bigamy and deceived him into a marriage when she knew she was not free to marry. This deceit, he claimed, was so egregious that, as a matter of public policy, she should be debarred from pursuing any claim for financial remedies against him. The husband based...