10. Private Law Decisions about Children

2021 ◽  
pp. 598-704
Author(s):  
Polly Morgan
Keyword(s):  
Private Law ◽  
Child Abduction ◽  
Case Work ◽  
Parents And Caregivers

Parents and caregivers are constantly making decisions about the upbringing of children in their care. This chapter looks at how courts go about doing what is best for the child or children in question in any given case. It considers examples of case work and common types of application that come before the court. In particular, it looks at applications about where a child should live and when they should spend time with a non-resident parent. The chapter ends by looking at cases involving relocation across jurisdictions and child abduction.

9. Private law disputes and issues in children cases

2020 ◽  
pp. 507-650
Author(s):  
Stephen Gilmore ◽  
Lisa Glennon
Keyword(s):  
Private Law ◽  
Child Abduction ◽  
International Child

This examines how the courts deal with private law issues or disputes relating to children’s upbringing, such as post-separation residence or contact disputes, or other specific issues, including international child abduction. It begins by setting out some general principles for deciding children cases which are contained in section 1 of the Children Act 1989, and procedural matters relating to such cases.

Private Law Child Disputes

2020 ◽  
pp. 255-303
Author(s):  
Claire Fenton-Glynn
Keyword(s):  
Decision Making ◽  
Human Rights ◽  
Children's Rights ◽  
Parental Authority ◽  
Children’S Rights ◽  
Private Law ◽  
Child Abduction ◽  
European Court ◽  
The Right

One of the most prolific areas of jurisprudence of the European Court of Human Rights relates to private law disputes concerning children: the extent of parental authority; custody and residence; access and contact; parental child abduction; as well as the procedural rules that accompany them. This chapter explores how these have come before the Court, and the ways in which children’s rights have been conceptualised, both in the applications themselves and in the Court’s decision-making. It also examines the rules of standing to bring a case on behalf of a child, as well as the right to represent the child before the Court, and argues that the current rules provide inadequate protection for the rights of children.

Cultural diversity, human rights and inconsistency in the English courts

Legal Studies ◽  
2001 ◽  
Vol 21 (2) ◽  
pp. 192-225 ◽  
Author(s):  
Urfan Khaliq ◽  
James Young
Keyword(s):  
Human Rights ◽  
Cultural Diversity ◽  
Private Law ◽  
Public And Private ◽  
Cultural Conflicts ◽  
The Public ◽  
International Dimension ◽  
Child Abduction ◽  
The Uk

Ethnic and cultural diversity within the UK has ensured that English courts regularly have to resolve cultural conflicts. This paper concentrates on cultural conflicts in the courts where there is an international dimension to this issue and where persons not resident in the UK seek the help of the English courts. The paper does this by reference to two areas of law, asylum and child abduction, which also allows a comparison between the approach to human rights by judges in the public and private law spheres. The paper aims to highlight the in consistency of the approach among judges in child abduction cases, where the role of human rights is unclear. It contrasts this with the judicial approach in asylum cases and English law in general, where we argue human rights are increasingly influencing the attitudes to various practices justified on a cultural or religious basis.

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