The Welfare Principle Flashcards
J v C and Others
The foster parents were given care of the child, as they were living in the UK. Birth parents requested for the child’s return to Madrid, but this was not found to be within the child’s best interests.
HoL rejected the proposition that there was any presumption in favour of the natural parents of the child.
Birmingham City Council v HM Minor
16 year old mother and baby, two minors = question of whose welfare is more important = the baby. The courts will assess the wellbeing of the minor child.
Re A (Conjoined Twins) 2001
Welfare of more than one child was in question. The court looked at the twins best interests as a whole. Saved Jodie’s life, Mary would die but this was not the intention of the operation.
Yousef v Netherland
If Article 8 rights of parents and children are at stake, the child’s rights must always be paramount.
F v F (MMR Vaccine)
The Father wished for his daughters to be vaccinated. Mother and daughters did not want it. The court held that the vaccine was in the girls’ interests and they lacked the competence and maturity required.
NHS Foundation v P
17 year old refused to consent to medical treatment. The Court decided that she lacked the capacity and so a declaration was granted = can override interests.
Re L 2012
Disrupting stability. The child’s welfare required him to have a relationship with both parents to meet needs, which could not be met if relocation was allowed. Maintain stability = shared residence order.
Scott v Scott
Mother’s new boyfriend had a history of violence and so the court decided that the welfare principle meant that as the child was at risk of suffering harm, no residence order ought to be granted.
