It's difficult for anyone working in children's services to accept a situation where the interests of a child are not paramount. But as Mr Justice Munby, the senior Family Division judge, stated in his speech to the recent Association of Lawyers for Children national conference, there are times when other factors override this principle. He says family lawyers are "slow to recognise and slower to accept" that in some cases the State has the power to ride roughshod over a Family Court decision.
Child and immigration law
The State has the power to intervene in a case in pursuit of its own interests. So, for example, if it wants to deport a child as an illegal immigrant or failed asylum seeker, it is a matter for the Home Secretary. An injunction against such a decision would be heard in the Administrative Court, not the Family Division, and the child's welfare would not be paramount.
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