Welfare Principle Flashcards
Is there a definition.of welfare?
No
What do judges use to help them in determining welfare?
S1(3) CA1989
When does the welfare principle arise?
Child’s upbringing
Administration of their property
When multiple children are involved; whose interests are paramount?
It is relevant to the proceedings; Birmingham City Council v H 1994 & Conjoined twins 2001
4 ways to protect parents interests?
Not everything is regulated
Some things do not apply, eg divorce granting
Parents interests fall under child’s - Re T 2003
Protection of parents interests - R E 1997
Despite the HRA acknowledging parental rights, the courts should
Solely consider the child’s interests
Bainham’s suggestion as to how to balance the rights of parents and children;
Primary and secondary
Herring advocates…
Relationship based welfare
What does Eeklaar advocate?
Least detrimental solution
King and Piper argue…
That the law has a narrow perception of welfare in regard to the welfare principle
Could consider more
Which section of which act is the welfare principle?
S1 of the Children’s Act 1989
Mnookin argues?
That the WP is uncertain
Two arguments against the WP?
Smoke screen fur real reasons & increased costs
Eekelaars criticism?
It’s lazy and does not provide consideration of all interests
Gillian Douglas in relation to the WP said…
It’s uncertainty is its greatest strength and weakness
