This chapter moves on from the previous chapter to ask: Do adults always know best? That is an important assumption that needs to be addressed in this area of family law. To what extent, and under what circumstances, do the opinions of children count? This chapter considers the legal principle upon which most cases relating to children are decided. That is, the welfare principle. The chapter considers whether this principle is compatible with an approach that respects children's rights. The chapter begins by defining what is meant by the welfare principle and considers in what cases the welfare principle applies and, conversely, in what cases the welfare principle does not apply. The spectrum of issues here might seem quite narrow but in fact they are much broader than might be first imagined. There are multiple considerations, theories, and contradictions at play.
Nigel Lowe and Gillian Douglas
Bromley's Family Law provides an accurate, detailed account of family law. The text presents a broad treatment of the key issues relating to adult and child law. This new edition has been edited and updated to take account of the latest case law and legislation, while also reflecting new debates and emerging issues in the area. Particular attention is also paid to the increasingly significant international dimension of family law, with a new chapter on this area. This edition has been updated to provide up-to-date coverage on cohabitation, the Marriage (Same Sex Couples) Act 2013 and Children and Families Act 2014. It also examines the proposals of the Family Justice Review. It considers in detail the Law Commission proposals for reform of the law on cohabitation, marital property agreements and needs, and non-matrimonial property on divorce.
Nigel Lowe, Gillian Douglas, Emma Hitchings, and Rachel Taylor
Bromley’s Family Law has an enduring reputation as the definitive text on the subject. Its hallmark qualities of clarity, authority, comprehensiveness and readability have been relied upon by generations of readers. The text presents a broad treatment of the key issues relating to adult and child law. Each chapter provides an up-to-date critical discussion of the current legislative and case law position (including European Court of Human Rights’ decisions), proposals for reform and issues of current concern. Particular attention is also paid to the increasingly significant international dimension of family law, with a new chapter on this area covering the 1996 Hague Convention on the Protection of Children and reflecting the UK’s departure from the EU. This edition has been updated to provide up-to-date coverage on heterosexual civil partnerships, religious marriage (non)-recognition, the 2020 Domestic Abuse Bill, forced marriage protection orders, female genital mutilation protection orders, stalking protection orders, the Divorce, Dissolution and Separation Act 2020, online divorce, transgender parenthood, surrogacy, parental orders, child arrangement orders, radicalisation, and voluminous case law across all topics.