Law Clinic assist in securing a Child Arrangement Order

Final Year student Divine Adebowale played a crucial role in this Family Court case

Final year LLB Law student Divine Adebowale has been supporting Clinic Solicitor Philippa Bruce at a recent court hearing as part of her volunteering with the Kent Law Clinic. We spoke to Divine to hear more on her involvement with a Child Arrangements Order with an international element, at the Canterbury Family Court.

Kent Law Clinic helped a client, originally from Kabul, to obtain an order giving him parental responsibility legal rights and responsibilities for his two nephews. Under section 8 of the Children Act 1989, a Child Arrangements Order regulates whom a child lives spends time with.

With Afghanistan under Taliban rule since August 2021, the client’s family including his two nephews, were airlifted out by the British Army when the invasion happened. Unfortunately, the children’s parents were unable to escape, which is where Kent Law Clinic became involved as it involved complicated procedural issues of service and consent.

It was quickly established that contacting the parents through formal communications to involve them in the court case would put them at risk of significant harm and the case was urgent because the elder child needed a medical procedure. The hospital could not undertake the operation unless someone with parental responsibility consented. Therefore, the uncle needed the Clinic’s help to get parental responsibility as quickly as possible while ensuring the safety of the children’s parents was not jeopardised.

As a final year law student who has studied the Family Law module, it was fascinating to go to court on this case. The things I had just learnt were being referred to by Her Honour Judge Davies, it was satisfying that I knew exactly what she meant when she referenced the ‘Welfare principle’ and the ‘No delay principle’ in her judgment.

Being involved in the Clinic enabled me to learn to draft legal documents. I assisted in writing the Position Statement submitted to court, I also prepared a court bundle and have previously interviewed clients. All of these have been fantastic opportunities that will empower me as I begin my legal career.

Divine is to be awarded the Kent Law School ‘Fairweather Prize’ for Outstanding Contribution to the Kent Law Clinic at her 2023 graduation and we wish her all the best for her future career in law.