Re B (a child)
Encyclopedia
Re B [2009 UKSC 5] was a 2009
ruling by the United Kingdom Supreme Court case concerning child welfare
, family law
and the correct weighting of factors to be considered by a Family Court in making a residence order
. The case was the first substantive appeal to be heard in the new Supreme Court.
The case concerned a child whose parents had separated shortly before birth. The child had been raised from birth by his grandmother, with fortnightly visits to each parent. Shortly after the child's third birthday, an application by his father was heard in the Family Proceedings Court. The father sought a residence order for the child, and he was supported by the child's mother in this application. The Family Court dismissed this application, on the advise of a social care manager, holding that there were no 'compelling reasons to disrupt [the boy's] continuity of care'.
The parents appealed to the High Court
who overturned the decision, describing the previous court as having been 'distracted' by the continuity of the boy's grandmothers care for him, which was ultimately not of paramount importance.
The grandmother then appealed to the Court of Appeal who agreed with the High Court, asserting that the Family Court had over-emphasised the importance of the status quo and should have given consideration to the general assumption that it is in a child's best interests to reside with their biological parents (a principle which was stated to have derived from Re G (a child) [2006] UKHL 43).
The case was then appealed to the Supreme Court
. The Court unanimously overruled the decisions of the High Court and Court of Appeal and affirmed the original decision of the Family Court. Lord Kerr gave the leading judgment, holding that the Court of Appeal had made significant errors in its interpretation of Re G, which when viewed as a whole, did not introduce any general principle about the consideration to be given to biological relationships.
2009 Judgments of the Supreme Court of the United Kingdom
This is a complete list of the judgments given by the Supreme Court of the United Kingdom between the court's opening on 1 October 2009 and the end of that year. Most of the cases were heard in the House of Lords before judgments were given in the new Supreme Court...
ruling by the United Kingdom Supreme Court case concerning child welfare
Child welfare
Child protection is used to describe a set of usually government-run services designed to protect children and young people who are underage and to encourage family stability...
, family law
Family law
Family law is an area of the law that deals with family-related issues and domestic relations including:*the nature of marriage, civil unions, and domestic partnerships;...
and the correct weighting of factors to be considered by a Family Court in making a residence order
Residence in English family law
Residence is a term used to refer to not always similar concepts in various parts of English law including taxation, immigration, and family law. The remainder of this article deals exclusively with English family law...
. The case was the first substantive appeal to be heard in the new Supreme Court.
The case concerned a child whose parents had separated shortly before birth. The child had been raised from birth by his grandmother, with fortnightly visits to each parent. Shortly after the child's third birthday, an application by his father was heard in the Family Proceedings Court. The father sought a residence order for the child, and he was supported by the child's mother in this application. The Family Court dismissed this application, on the advise of a social care manager, holding that there were no 'compelling reasons to disrupt [the boy's] continuity of care'.
The parents appealed to the High Court
High Court
The term High Court usually refers to the superior court of a country or state. In some countries, it is the highest court . In others, it is positioned lower in the hierarchy of courts The term High Court usually refers to the superior court (or supreme court) of a country or state. In some...
who overturned the decision, describing the previous court as having been 'distracted' by the continuity of the boy's grandmothers care for him, which was ultimately not of paramount importance.
The grandmother then appealed to the Court of Appeal who agreed with the High Court, asserting that the Family Court had over-emphasised the importance of the status quo and should have given consideration to the general assumption that it is in a child's best interests to reside with their biological parents (a principle which was stated to have derived from Re G (a child) [2006] UKHL 43).
The case was then appealed to the Supreme Court
Supreme Court of the United Kingdom
The Supreme Court of the United Kingdom is the supreme court in all matters under English law, Northern Ireland law and Scottish civil law. It is the court of last resort and highest appellate court in the United Kingdom; however the High Court of Justiciary remains the supreme court for criminal...
. The Court unanimously overruled the decisions of the High Court and Court of Appeal and affirmed the original decision of the Family Court. Lord Kerr gave the leading judgment, holding that the Court of Appeal had made significant errors in its interpretation of Re G, which when viewed as a whole, did not introduce any general principle about the consideration to be given to biological relationships.