Family Law

ANDREW BAINHAM, Fellow of Christ's College Cambridge

In Re B (A Child) [2009] UKSC 5, [2010] 1 FLR (forthcoming) the new Supreme Court had its first opportunity to consider the claims of natural parents as against others in disputes over the welfare of a child. In this case the argument concerned the residence of a boy ‘Harry' approaching 4 years old at the time of the Supreme Court's decision. Lord Kerr, delivering the single judgement of the Court, said that the speech of Baroness Hale of Richmond in Re G (Children) [2006] UKHL 43, [2006] 2 FLR 629 might have been the final word on the subject but that ‘misunderstandings about the true import of that decision and the applicable principles persist.'

To read the rest of this article, see April [2010] Family Law journal. To log on to Family Law journal Online or to request a free trial click here.