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A child’s best interests trumps an agreement reached by their parents

Date:12 JUL 2017
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Emma Hatley & Lucy Gould
Stewarts Law

Family Justice Reformed (second edition: June 2017) contains detailed commentary on the Single Family Court and the Children and Families Act 2014, Pts 1 and 2 (which deal with family justice), including clear and comprehensive guidance on the underlying procedural regime and the rationale for the reforms.







In G v S [2017] EWHC 365, the court confirmed that parties cannot be held to an agreement if the terms fetter its ability to adjudicate on a child's best interests.

The parties had been in a relationship for two years, during which they had a daughter who was two and a half at the time of the proceedings. The mother was a Swedish national based in London. She worked as a pilot, and had worked part time since the birth of the child. The father was a US citizen of Swedish background and at the time of the proceedings lived in Switzerland. The mother brought proceedings under Schedule 1 of the Children Act 1989 (pursuant to which financial provision is made for children of unmarried parents).

Read the full article here.