Beyond the labels: recentring children in private law disputes

Simranjit Kamal, Albion Chambers

This article critiques the growing trend of “label litigation” in private law cases, where disputes over the terms attached to Child Arrangements Orders - such as “joint live with” or “shared care” - overshadow the child’s best interests. Simran Kamal highlights how labels have become proxies for parental identity, self-importance, and financial concerns, rather than tools for determining practical caregiving arrangements. Drawing on the case AZ v BX [2024], the author explores how courts are increasingly drawn into micromanaging parenting decisions, which often reflect adult anxieties more than children's welfare. The article considers the steps being taken by the judiciary and legal profession to recentre the child’s best interests within proceedings. Simran goes one step further and explores the merits and pitfalls of introducing a 50/50 starting point in private children cases, ultimately warning that clarity for parents must not override the child’s welfare. Overall, the author calls for a cultural shift that repositions the child at the centre of proceedings and challenges practitioners and parents to distinguish between parenting issues and legal ones. 

The full article has published in the July issue of Family Law.  Find out more or request a free 1-week trial of Family Law journal. Please quote: 100482