chapter  6
17 Pages

Divorce: Non-Court Dispute Resolution

This chapter provides an understanding of the concept of the child's welfare. The key tool for resolution of private law disputes about children, since it is the closest partner of the section 1(1) principle that the welfare of the child is paramount. The court is not concerned with moral judgements, as it will always consider the interest of the child first. Use of the checklist is mandatory in all contested section 8 order and public law applications other than emergency protection orders. The implementation of the contact enforcement provisions of the Children and Adoption Act 2006 in 2007 has enabled judges to relax their former reluctance to apply any significant sanction. English law now includes a Marriage (Same-Sex Couples) Act 2013 and much case law on same-sex relationships so that a court upholding an objection, even by a heterosexual parent, to a child residing with a parent in a same-sex relationship seems very unlikely.