Article 8 of the European Convention on Human Rights protects the right to respect for private and family life. In family court proceedings, this means the court must respect family life and can only interfere where necessary and proportionate. When deciding contact or residence, the court must balance the parent's Article 8 right to family life with the child's welfare, which is the court's paramount consideration under the Children Act 1989.
In Plain English
Everyone has the right to a private and family life. In family court, this means the court can't just cut you off from your child without a very good reason — but your child's welfare always comes first.
Navigating court alone?
A McKenzie Friend can help you understand terms like these in the context of your case.
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