Re K (A Minor) (Ward: Care and Control): CA 1990

Waite J said: ‘The speeches in the House of Lords make it plain that the term ‘parental right’ is not there used in a proprietary sense, but rather as describing the right of every child, as part of its general welfare, to have the ties of nature maintained, wherever possible, with the parents who gave it life.’ but ‘Are there any compelling factors which require me to override the prima facie right of this child to an upbringing by its surviving natural parent?’


Fox LJ, Waite J


[1990] 1 WLR 431, [1990] 3 All ER 795, [1990] Fam Law 256


England and Wales

Cited by:

CitedIn Re G (A Minor) (Interim Care Order: Residential Assessment); G (Children), In Re (Residence: Same Sex Partner) HL 26-Jul-2006
The parties had been a lesbian couple each with children. Each now was in a new relationship. One registered the two daughters of the other at a school now local to her but without first consulting the birth mother, who then applied for residence . .
Lists of cited by and citing cases may be incomplete.


Updated: 04 May 2022; Ref: scu.244485