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Hewer v Bryant: CA 1970

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
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Last Update: 27 November 2020; Ref: scu.238338 br>

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