There is a rebuttable but strong presumption that a child should be with his or her natural parents. Waite LJ said: ‘The authorities which have been cited by Balcombe LJ illustrate the difficulty of finding, within the infinite variety of circumstances in which the welfare of a child may fall to be applied as the paramount consideration, some principle which does precise justice to the element in every child’s welfare represented by the advantage of maintaining the ties of nature with its own parent.’
Waite LJ, Balcombe LJ
Ind Summary 03-May-1993,  2 FLR 625
England and Wales
Cited – Re H (A Minor) (Custody: Interim Care and Control) CA 1991
Lord Donaldson of Lymington MR said: ‘So it is not a case of parental right opposed to the interests of the child, with an assumption that parental right prevails unless there are strong reasons in terms of the interests of the child. It is the same . .
Cited – In 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: 11 May 2022; Ref: scu.85901