Our website is set to allow the use of cookies. For more information and to change settings click here. If you are happy with cookies please click "Continue" or simply continue browsing. Continue.

Family Law

The leading authority on all aspects of family law

29 APR 2013

The rise and fall of presumptions surrounding the welfare principle

Jonathan Herring,

Fellow in Law, Exeter College, Oxford University

Oliver Powell,

Oxford University:    

This article traces the 'rise and fall' of the use of presumptions in interpreting the welfare principle in section one of the Children Act 1989.  It argues that after the implementation of the Act the courts developed a series of presumptions to be used in applying the welfare principle.  However in recent years the courts have withdrawn their support for the use of such presumptions.  We welcome this development. It is not helpful for the court to rely on generalisations about what is good for children.  Instead we support the emphasis on what is in the welfare of the particular child in the circumstances of the particular child.

The full version of this article appears in the May 2013 issue of Family Law.    

Family Law Reports

Family Law Reports

"The unrivalled and authoritative source of judicially approved case reports, covering all areas...

More Info from £166.00
Available in Family Law Online
Family Law Online

Family Law Online

Get a FREE trial today! The fastest way to access the latest law reports, case law, commentary,...

Available in Family Law Online
Subscribe to our newsletters