THE LEGAL FRAMEWORK
42.I have of course in mind throughout my consideration of this case the applicable provisions of the Children Act and in particular Section 1 and the Welfare Checklist: When a court determines any question with respect to the upbringing of a child…. the child’s welfare shall be the court’s paramount consideration. I will address the welfare checklist later in this judgement.43.Section 1(2A) of the Act confirms that there is a presumption that the involvement of a parent in the life of a child will further the child’s welfare unless the contrary is shown. I stress that “involvement” means “involvement of some kind, either direct or indirect, but not any particular division of the child’s time”.44.Section 1(2) confirms that delay is likely to be harmful to a child. 45.I must also bear in mind the Human Rights Act, including under Article 8 Right to respect for private and family life – for all parties not just the applicant and respondent and indeed I take into account A’s rights too.46.I am satisfied that the hearing has been Article 6 compliant as stated earlier.VII
- INTRODUCTION
- THE BACKGROUND AND THE COURT PROCEEDINGS (inserted from the Case Summary prepared by “A’ ”s Solicitor and Guardian for efficacy)
- THE ISSUES
- THE POSITIONS OF THE PARTIES
- THE HEARING
- THE LEGAL FRAMEWORK
- The Guardian:
- The father:
- The mother:
- Dr Nadeem:
- THE WELFARE CHECKLIST
- MY DECISION AND ADDITIONAL ANALYSIS
- CONCLUSION
- CONSEQUENTIAL ISSUES
- ORDERS
