Latest articles
Teaching Hospitals NHS Trust v DV (A Child) [2021] EWHC 1037 (Fam)
(Family Division, Cohen J, 19 April 2021)Medical Treatment – 17-year-old had form of bone cancer and required surgery For comprehensive, judicially approved coverage of every important...
Domestic Abuse Bill
Aaron Gates-Lincoln, Immigration NewsAfter years of development the Domestic Abuse Bill returned to the House of Lords in the UK on the 8th March 2021 to complete its report stage, one of the final...
Coercive control and children’s welfare in Re H-N and Others
When families come to strife, arrangements must be made for the future care of any children. In some circumstances, this means an application to the courts. These ‘private law orders’ can...
Profession: Expert Witness
The value of a family business or business interest is treated as an asset and therefore part of the matrimonial pot to be distributed when it comes to negotiating a financial settlement on divorce or...
How does a jointly held property pass on death?
When meeting with clients to discuss their succession planning, many cannot recall whether their property is held jointly as joint tenants or jointly as tenants in common. The distinction is that with...
View all articles
Authors

Openness - Refocusing the Debate

Sep 29, 2018, 17:19 PM
Slug : openness-refocusing-the-debate
Meta Title :
Meta Keywords :
Canonical URL :
Trending Article : No
Prioritise In Trending Articles : No
Date : Aug 22, 2006, 04:23 AM
Article ID : 89135

Alistair MacDonald, Joint Chair, Association of Lawyers for Children, Barrister, St Philips Chambers, Birmingham. The Department for Constitutional Affairs' consultation paper 'Confidence and Confidentiality: Improving Transparency and Privacy in Family Courts' stipulates that the primary motivation for consulting on the issue of greater openness is to increase public confidence in the court system. The author makes clear from the outset that he does not seek to argue against greater openness in the family courts per se. There is a need for better public understanding of the role of the courts in safeguarding and promoting the welfare of children, and of how the court process achieves that aim. There is a need to address the complex and piecemeal legal provisions that currently govern confidentiality in different ways at different levels within the family justice system. The author seeks rather to demonstrate that the current debate on this issue, while illuminating certain problems within the system, has excluded, and risks continuing to exclude to an unusual degree the interests of children. This in turn risks a failure to consider the key practical issues necessary to ensure that the interests of children are protected within the context of debating greater openness in the family courts. When considering different methods of increasing openness we need to refocus the debate to bring the interests and views of children and young people back to its centre. We need then to consider the key practical issues highlighted by a debate from this perspective. See October [2006] Fam Law for the full article.

Categories :
  • Articles
Tags :
Authors
Provider :
Product Bucket :
Recommend These Products
Related Articles
Load more comments
Comment by from