Last Updated：2022/12/24
Custody or upbringing
is regarded as including access; yet in B. v. B. & F. above no regard was paid to the welfare of the infants which was irrelevant to the particular issue with which the court was concerned—namely whether children were children of the family
. But the effect was to deprive the husband of access and it seems clear that whether or not he was the father, access could have been awarded to him in an application other than under s. 34 of the 1965 Act if the welfare of the children so demanded: [1969] Cam. L.J. [Cambridge Law Journal] 37 […]
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"Custody
or
upbringing"
is
regarded
as
including
access;
yet
in
B.
v.
B.
&
F.
above
no
regard
was
paid
to
the
welfare
of
the
infants
which
was
irrelevant
to
the
particular
issue
with
which
the
court
was
concerned—namely
whether
children
were
"children
of
the
family".
But
the
effect
was
to
deprive
the
husband
of
access
and
it
seems
clear
that
whether
or
not
he
was
the
father,
access
could
have
been
awarded
to
him
in
an
application
other
than
under
s.
34
of
the
1965
Act
if
the
welfare
of
the
children
so
demanded:
[1969]
Cam.
L.J.
[Cambridge
Law
Journal]
37
[…]
