The parental right to custody is: ‘a dwindling right which the courts will hesitate to enforce against the wishes of the child, and the more so the older he is. It starts with a right of control and ends with little more than advice.’
One facet of the right to custody is the right to refuse consent to the issue of a passport.
As to the case of Agar-Ellis: ‘That case was decided in the year 1883. It reflects the attitude of a Victorian parent towards his children. He expected unreasoning obedience to his commands. If a son disobeyed, his father would cut him off with a shilling. If a daughter had an illegitimate child, he would turn her out of the house. His power only ceased when the child became 21.’
References: [1970] 1 QB 357
Judges: Lord Denning MR, Sach LJ
This case cites:
- Horrendous – In re Agar-Ellis CA 1883
. .
((1883) 24 ChD 317 CA)
This case is cited by:
- Cited – Axon, Regina (on the Application of) v Secretary of State for Health and Another Admn 23-Jan-2006
A mother sought to challenge guidelines issued by the respondent which would allow doctors to protect the confidentiality of women under 16 who came to them for assistance even though the sexual activities they might engage in would be unlawful.
(, [2006] EWHC 37 (Admin), Times 23-Jan-06, [2006] 2 WLR 1130)
These lists may be incomplete.
Last Update: 27 November 2020; Ref: scu.238338
