Spotlight
Family Law Awards 2020
Shortlist announced - time to place your vote!
Court of Protection Practice 2020
'Court of Protection Practice goes from strength to strength, having...
Jackson's Matrimonial Finance Tenth Edition
Jackson's Matrimonial Finance is an authoritative specialist text...
Spotlight
Latest articles
The need for proportionality and the ‘Covid impact’
Simon Wilkinson, Parklane PlowdenThe Covid-19 pandemic has infiltrated every aspect of our lives. Within the courts and tribunals service there has been a plethora of guidance since March 2020 which...
Local authority input into private law proceedings, part II
Mani Singh Basi, Barrister, 4 Paper BuildingsLucy Logan Green, Barrister, 4 Paper BuildingThis article considers the interplay between private and public law proceedings, focusing on the law relating...
Time for change (II)
Lisa Parkinson, Family mediation trainer, co-founder and a Vice-President of the Family Mediators AssociationThe family law community needs to respond to the urgent call for change from the...
How Can I Wed Thee? – Let Me Change the Ways: the Law Commission’s Consultation Paper on ‘Weddings’ Law (2020)
Professor Chris Barton, A Vice-President of the Family Mediators Association, Academic Door Tenant, Regent Chambers, Stoke-on-TrentThis article considers the Paper's 91 Consultation Questions...
Consultation on the proposed transfer of the assessment of all civil legal aid bills of costs to the Legal Aid Agency
The Ministry of Justice has launched a consultation on the proposed transfer from Her Majesty's Courts and Tribunals Service to the Legal Aid Agency of the assessment of all civil legal aid bills of...
View all articles
Authors

The welfare assessment in radicalisation cases under the Children Act 1989: to what extent do race and gender influence judicial intervention in the family home?

May 27, 2020, 12:56 PM
Using race and gender as a critical lens, this article addresses two queries: first, how consistently do family courts interpret the ‘paramountcy’ principle of child welfare in cases concerning female minors under suspicion of extremist activity?
Slug :
Meta Title : The welfare assessment in radicalisation cases under the Children Act 1989: to what extent do race and gender influence judicial intervention in the family home?
Meta Keywords :
Canonical URL :
Trending Article : No
Prioritise In Trending Articles : No
Date : Apr 26, 2020, 23:00 PM
Article ID :

Srishti Suresh, Coram Chambers

Using race and gender as a critical lens, this article addresses two queries: first, how consistently do family courts interpret the ‘paramountcy’ principle of child welfare in cases concerning female minors under suspicion of extremist activity? Second, to what extent is the construction of welfare affected by competing counter-terrorism considerations? 

The ‘paramountcy’ of child welfare is the cornerstone of judicial reasoning in family law. Yet as radicalisation cases fall into a new ‘stop-gap’ between national security and the family home, the interpretation of welfare may significantly change shape. Judges have discretion to holistically assess the impact of race, gender and culture on the wellbeing of a child. Accordingly, the nature of this article is critical and interdisciplinary, relying on sociological understandings of race and gender, as well as how these translate conceptually into the law. 

As this paper is an amended version of my masters dissertation, it has been published in three parts. The first constructs a methodological lens, assessing the use of race and gender as criteria for analysis. The second and third apply this lens to a critical discussion of extant case law; ultimately taking a broad view as to the effective assessment of intersectional identities by family courts.



The full article will be published in Family Law

Find out more or request a free 1-week trial of Family Law journal. Please quote: 100482.

 

 

 

 

 


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