The court considered arrangements for an adoption in Northern Ireland where the parent’s consent was withheld.
Held: For parental consent to be overriden there had to be shown an overriding need for the decision.
Judges:
Lech Garlicki P
Citations:
[2011] ECHR 844, (2012) 54 EHRR 2, [2011] Fam Law 924, [2011] 2 FLR 1236,
Links:
Statutes:
European Convention on Human Rights 8, Children (Northern Ireland) Order 1995 3(1)(a)
Jurisdiction:
Human Rights
Citing:
Cited – Johansen v Norway ECHR 7-Aug-1996
The court had to consider a permanent placement of a child with a view to adoption in oposition to the natural parents’ wishes.
Held: Particular weight should be attached to the best interests of the child, which may override those of the . .
See Also – R and H v The United Kingdom ECHR 23-Sep-2008
The claimants complained at the procedure used to free their child for adoption against their wishes. . .
Cited by:
Cited – ANS and Another v ML SC 11-Jul-2012
The mother opposed adoption proceedings, and argued that the provision in the 2007 Act, allowing a court to dispense with her consent, infringed her rights under Article 8 and was therefore made outwith the powers of the Scottish Parliament.
Lists of cited by and citing cases may be incomplete.
Human Rights, Adoption, Northern Ireland
Updated: 04 November 2022; Ref: scu.463635