The goal of Schedule 1

Joshua Viney, Barrister, 1 Hare Court

‘Schedule 1 – out of date and out of touch’ considers the intentions behind Schedule 1 to the Children Act 1989 and whether the distinctions drawn in the interpretation of the statute in case law as to who is classified as a respondent, which is defined as a ‘parent’ in the statute, continue to be sustainable under scrutiny and if they were ever sustainable. The article explores different factual scenarios, exposing how the present interpretation of the statute in case law can lead to objectively surprising outcomes. The article concludes by examining a way forward either by way of statutory interpretation, reading in wider language or statutory reform. 

The full article will be published in the July issue of Family Law. 

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Read the full article here.