chapter  3
17 Pages

Nullity

The Children Act (CA) 1989 made major changes in both the public and private law relating to children, which at the time were considered radical, but no longer so after 25 years of implementation and in the context of the current modernisation of family justice. Public Law is the usual label for that part of the Act which deals with the orders sought from the courts to intervene within the family, so as to secure essential protection for the child from harm and to promote the child's welfare. Private Law is the corresponding label for orders of the courts made to regulate the interaction of the childs parents with the child and others, where the childs parents cannot agree on issues concerning the child's upbringing without activating such intervention. The role of human rights continues to play a major role under the Human Rights Act (HRA) 1998, which imported the convention into English law.