Children in UK Law

Leading Cases
  • ZH (Tanzania) v Secretary of State for the Home Department
    • Supreme Court
    • 01 Feb 2011

    This is not, it is agreed, a factor of limitless importance in the sense that it will prevail over all other considerations. It is a factor, however, that must rank higher than any other. It is not merely one consideration that weighs in the balance alongside other competing factors. Where the best interests of the child clearly favour a certain course, that course should be followed unless countervailing reasons of considerable force displace them.

  • HH v Deputy Prosecutor of the Italian Republic, Genoa
    • Supreme Court
    • 20 Giu 2012

    (7) Hence it is likely that the public interest in extradition will outweigh the article 8 rights of the family unless the consequences of the interference with family life will be exceptionally severe.

    In the first place, as Neulinger and ZH (Tanzania) have explained, article 8 has to be interpreted in such a way that their best interests are a primary consideration, although not always the only primary consideration and not necessarily the paramount consideration.

    When resistance to extradition is advanced, as in effect it is in each of these appeals, on the basis of the article 8 entitlements of dependent children and the interests of society in their welfare, it should only be in very rare cases that extradition may properly be avoided if, given the same broadly similar facts, and after making proportionate allowance as we do for the interests of dependent children, the sentencing courts here would nevertheless be likely to impose an immediate custodial sentence: any other approach would be inconsistent with the principles of international comity.

  • White v White
    • House of Lords
    • 26 Ott 2000

    In seeking to achieve a fair outcome, there is no place for discrimination between husband and wife and their respective roles. This is implicit in the very language of paragraph (f): '… the contribution which each has made or is likely … to make to the welfare of the family, including any contribution by looking after the home or caring for the family.'

  • EV (Philippines) and Others v Secretary of State for the Home Department
    • Court of Appeal (Civil Division)
    • 26 Giu 2014

    In my judgment, therefore, the assessment of the best interests of the children must be made on the basis that the facts are as they are in the real world. If neither parent has the right to remain, then that is the background against which the assessment is conducted. Thus the ultimate question will be: is it reasonable to expect the child to follow the parent with no right to remain to the country of origin?

  • Huang v Secretary of State for the Home Department; Abu-Qulbain v Same; Kashmiri v Same
    • House of Lords
    • 21 Mar 2007

    In an article 8 case where this question is reached, the ultimate question for the appellate immigration authority is whether the refusal of leave to enter or remain, in circumstances where the life of the family cannot reasonably be expected to be enjoyed elsewhere, taking full account of all considerations weighing in favour of the refusal, prejudices the family life of the applicant in a manner sufficiently serious to amount to a breach of the fundamental right protected by article 8.

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Legislation
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Books & Journal Articles
  • Punishing Children:
    • Numero 1-3, August 1997
    • Theoretical Criminology
    This article examines the treatment of young offenders in an inner-city area of contemporary Britain. The effect of harsher legislation on the practices adopted by agencies and practitioners is hig...
  • Children: Doli Incapax
    • Numero 72-1, February 2008
    • Journal of Criminal Law, The
  • Children These Days
    • Numero 1-3, November 2006
    • Journal of Children's Services
    • 73-74
  • Listening to Children
    • Numero 40-4, December 1993
    • Probation Journal
    Brian Cantwell, Senior Family Court Welfare Officer in Humberside, and Liz Trinder, Research and Development Officer with Save the Children North and East Division in Hull, report the initial findi...
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