Parental Responsibilities and Rights and court orders relating to ubringing of children Flashcards
J v C 1970 AC 688 HL
HOL English appeal, relevant to Scotland..
Child had disability
Child should remain with foster parents in England whilst receiving treatment rather than return to Spain
Parents kept regular contact with the child
Child’s health improved and parents wanted to bring child back to Spain
HOL decided that child should remain with English foster careers as 8 years had passed since child moved in with English family
Family unable to use their parental rights
Child moving to Spain would cause upset
Child’s best interests and welfare taken into consideration
M v Dumfries and Galloway Regional Council 1991 SCLR 481
Tried to assert rights to get child returned to her, case ended up in court
She was unable to exercise her parental rights
Because there was abuse in the home it was considered contrary to the interests of the child
A v United Kingdom 1999 27 EHRR 611
Step father charged with assault under English law for beating with garden cane
Was let go with defence of reasonable chastisement
McNaught v McNaught 1995 SLT (Sh Ct) 9
Protestant mother and Roman Catholic father
Parents divorced and the three children went to live with their mother
Mother agreed to raise children in husbands RC faith… however because it was in best interests for children to live with mother the
Court said it was fine for her to bring them up any religion she wanted because the children were living with her and both faiths are in interests of child
Re D (a minor) 1976 ALL ER 326
Mother consented to sterilisation of mentally disabled daughter after she reached puberty
Daughter was made wars of the court before procedure
Overruled mothers decision as not in best interests of the child
Court suggested she had the capacity to marry
Unwanted pregnancy could be terminated
Re B (a minor) 1988 AC 199 (English case)
Child 15 mental age of 5
Pregnancy and child birth would be extremely challenging
Was in best interests of the child to allow sterilisation to go ahead
Re B (a minor) 1981 1 WLR 142 (English case)
Wanted to remove intestinal blockage from child with Down syndrome
Parents argued that because the child was disabled it would be better if the child died from the blockage
Court overruled this and allowed procedure
Re A (children) (conjoined twins) 2000 4 All ER 961 (English case)
Both children would die unless separated
Medical professionals thought one would die after the operation
Court has to make the call
Applying the welfare principle, chose the lesser of two evils and allowed the operation to go ahead
Fourman v fourman 1998 Fam LR 98
Mother wanted to relocate to Australia with her three children
Originally from there and wanted to return after separation with husband
She argued that life would be bette there for them all and she could pursue her career
Father argued that relocation should not be allowed unless it would be better to go than to not, refused as interests were of the mother not the children
M v M 2000 Fam LR 84
Mother originally from US, children and new husband were already spending lots of time in the US anyways
Mother wanted to move back to look after her elderly mother
Court said mother had good reason to move and that they would have a more stable and better life even though the father would be reduced
Treasure v McGrath 2006 Fam LR 100
Complex case involving 10 year old child who lived with mother following seperation
At first had contact with father but then relationship broke down
Child had string views that she didn’t want to have any contact with him
Court said 10 year old wouldn’t understand all the factors in this complex case
So was inappropriate to take into consideration child’s account
F v F 1991 SLT 357
Any person who claims interest, legitimate concern for and connection with the child can seek an order Children Scotland Act 1995 s. 11
