In the conclusion to a two-part analysis, Debbie Stringer discusses the more paternalistic approach that may be taken by the courts when considering a child’s capacity ‘Doctors and hospitals do not have, nor can they obtain, parental responsibility – it is for the court to determine whether or not treatment, and what sort of treatment, …
Continue reading "Capacity: Open justice?"
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Michael O’Sullivan reviews the case of Re JC [2012], which clarifies the current position with statutory wills and adoption The effect in law of an adoption is that the adopted child ceases to be regarded as the child of their natural parents and becomes, in the eyes of the law, the child of the adopters. …
Continue reading "Statutory Wills: Objective and fair?"
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Wills & Trusts Law Reports | September 2012 #122JC had four biological children: A, B, C and D. A was born in 1942 to a 15-year old mother. He was subsequently fostered, but throughout his life always understood JC to be his father and in the forty years preceding trial had worked and been in regular contact with him. JC denied parentage of A, but paternity was conclusively established by a court authorised DNA test. B and C were born in wedlock, in 1953 and 1955 respectively. However, they first had contact with their father in or around 2006/7. Their relationships remained strained, C in particular refusing to attend the hearing as ...
