Monthly Archives: March 2014
We live in a cosmopolitan society. The relocation of commonwealth citizens after the Second World War, freedom of movement within an expanding European Union, and those granted, and indeed seeking, political asylum have all contributed to what is a rich social mix.
Different Attitudes to Parenting
Inevitably this has lead to different standards of, and attitudes towards parenting, as well as very different family dynamics, becoming more commonplace.
These changes have provided a challenge for social workers involved with families where things seem to have gone wrong so far as the parenting of children is concerned. The courts too have encountered difficulties when such matters become the subject of proceedings, be they care proceedings or disputes between parents over the arrangements for their children.
An Example of Safeguarding Children
If children are being removed from England or Wales to another jurisdiction the parent/guardian with care needs the permission of the any other parent sharing Parental Responsibility.
Permission to remove children is not of course always forthcoming and can sometimes result in an application before the court.
It is important to be aware of the case law in this area as the court has a duty to properly scrutinize the application.
The leading authority of Payne v Payne  EWCA Civ 166 provides guidance as to how this matter should be approached. However more recently Mostyn J. has provided a list of guidelines from the leading authorities. In Re TC v JC  EWHC 292 (fam) at paragraph 11 he states:
i). The principle to be applied ….is that the welfare of the child is paramount and overbears all other considerations…’
Applications against Third Parties or Non Parties to proceedings
There are some circumstances where a Third Party to proceedings or indeed a Non Party can become liable to pay costs to one or indeed both parties to the litigation. In broad terms the procedure is governed by the Civil Procedure Rules rule 48.2 and the jurisdiction is governed by Section 51 of the Senior Courts Act 1981 and is only in relation to costs which have been incurred in the proceedings before the court in question.
It is not uncommon in litigation, for a Third Party to be joined to the litigation, this can occur for a variety of reasons one common example is that a Third Party has an interest or declares an interest in the property which is the subject of litigation. If ultimately the Third Party, prolongs the proceedings and or fails to prove his /her case the Thir…