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Legal Theory - Re K D (a minor) (ward, termination of access)

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Introduction

LEGAL THEORY - Re K D (a minor) (ward, termination of access) In the case of Re K D, it was a case in determining whether the natural mother (the appellant) of the minor should have her access terminated and therefore allowing the local authority (the respondent) liberty to start adoption proceedings. To understand the point of law that that the Judges applied to this case, we must first try to understand the material facts of the case. The appellant, who herself had been taking into care by the respondents at the age of 11, and whilst under the respondents care; she became acquainted with a young man. She later had sexual intercourse with him at the age of 15 and consequence of this was she became pregnant with Kenneth. She re-established a relationship with a Mr and Mrs H, whom she started a relationship with, while she was in care. After the birth of Kenneth she was taught to look after him satisfactorily at the Rye Hill Family Care Centre were she was accommodated. However while she was accommodated at the care centre, her interest in going out and meeting boyfriends grow and sometimes took priority over the care for Kenneth. ...read more.

Middle

Everyone has the right to respect for his private and family life, his home and his correspondence. 2. There shall be no interference by a public authority with the exercise of this right except such as is in accordance with the law and is necessary ... for the protection of health or morals, or for the protection of the rights or freedoms of others. As the United Kingdom is party to the convention, we must adhere to these two principal rights. It has to be seen that public authorities are there to exercise a supervisory role over family life not one of control. It is the right of a mother to care and love her own child, however it is also the right of the child that they have a stable upbringing. Latey J commented in the case of M v M [1973] that to speak of a 'basic right to access' meant "not that a parent has any proportional right to access but that save in exceptional circumstances to deprive a parent of access is to deprive a child of an important contribution to his emotional and material growing up in the long term". ...read more.

Conclusion

In my opinion, the underlining issues within this case were if the mothers needs or right came before the child's. After doing everything possible to rehabilitation the child with the mother, the respondents exhausted all avenues under her rights; the next logical step was to think about the needs and rights of the child. They had to think about the consequences of the child and what was in the child's best interest. Obviously the fact that the child was showing acute signs of distress during access visits was causing concern for the respondents, who in reality, just wanted the child to be settled in stable and loving environment. Which, they believed that he was receiving from the foster parents and wanted the continuing relationship between them to maintain. This is the principle reason why the respondents were applying for the order of wardship to allow the foster parents to adopt; the consequences for the child over ruled the rights of the appellant. BIBLOGRAPHY Franklin, B The Handbook of Children's Rights. 1995: Routledge Greenawalt, K Law and Objectivity. 1992: Oxford University Press Hegel Elements of the Philosophy of Right. 1991: Cambridge University Press Kerruish, V Jurisprudence as Ideology. 1991: Routledge Lewis, N D Choice and the Legal Order. 1996: Law in Context Masters, R D The Sense of Justice. 1992: Sage Publications. An Article from the Times2Law Report 1 ...read more.

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