![]() |
||
Links: Home | swarblaw - law discussions |
swarb.co.uk - law indexThese cases are from the lawindexpro database. They are now being transferred to the swarb.co.uk website in a better form. As a case is published there, an entry here will link to it. The swarb.co.uk site includes many later cases. |
|
![]() ![]() |
![]() |
Adoption - From: 1970 To: 1979This page lists 8 cases, and was prepared on 02 April 2018. In Re F (R) (An Infant) [1970] 1 QB 385 1970 Adoption An adoption order was set aside for an irregularity. 1 Citers In re W (An Infant) [1971] AC 682 1971 HL Lord Hailsham LC Adoption The court considered the reasonability of parental disagreement in applications for adoption: "Two reasonable parents can perfectly reasonably come to opposite conclusions on the same set of facts without forfeiting their title to be regarded as reasonable. The question in any given case is whether a parental veto comes within the band of possible reasonable decisions and not whether it is right or mistaken. Not every reasonable exercise of judgment is right, and not every mistaken exercise of judgment is unreasonable. There is a band of decisions within which no court should seek to replace the individual's judgment with his own." and ". . the test is reasonableness and not anything else. It is not culpability. It is not indifference. It is not failure to discharge parental duties. It is reasonableness, and reasonableness in the context of the totality of the circumstances. But, although welfare per se is not the test, the fact that a reasonable parent does pay regard to the welfare of his child must enter into the question of reasonableness as a relevant factor. It is relevant in all cases if and to the extent that a reasonable parent would take it into account. It is decisive in those cases where a reasonable parent must so regard it." 1 Citers Re RA (Minors) (1974) Fam Law 182 1974 Adoption An adoption order was set aside for a procedural irregularity. 1 Citers Re F (Infants) (Adoption Order: Validity) [1977] Fam 165 1977 Adoption In re D (An Infant) (Adoption: Parent's Consent); HL 1977 - [1977] AC 602 Re F [1977] Fam 165 1977 Adoption 1 Citers X and Y v United Kingdom; ECHR 1978 - (1978) 12 DR 32; [1977] ECHR 3 Marckx v Belgium; ECHR 13-Jun-1979 - 6833/74; (1979) 2 EHRR 330; [1979] ECHR 2 |
Copyright 2014 David Swarbrick, 10 Halifax Road, Brighouse, West Yorkshire HD6 2AG. |