Re B (A Child) (Residence: Biological Parent)

There is no presumption in favour of a natural parent in a residence dispute, and the child's welfare is the paramount consideration in deciding where the child should live.

Citation
[2009] UKSC 5, [2009] 1 WLR 2496
Court
Supreme Court
Year
2009
Subject
Family Law
Topic
Private law disputes about children and child abduction

Facts

Harry, a four year old boy, had lived with his maternal grandmother since he was a baby, with the agreement of his parents. His father later applied for a residence order so that Harry could live with him. A Children's Guardian recommended that Harry should stay with his grandmother. The magistrates decided that Harry should stay with his grandmother, but the High Court judge, relying on the importance of the natural parent, ordered that Harry should live with his father, and the Court of Appeal upheld that decision.

Legal principle

The Supreme Court allowed the grandmother's appeal and restored the magistrates' decision. Lord Kerr said that the court's paramount consideration is the welfare of the child, and that there is no rule or presumption that a child should be brought up by a natural parent. The fact that a person is the child's natural parent is a factor which may be of importance, but it must be considered in the context of the child's welfare as a whole, not as a separate principle. The magistrates had been entitled to find that Harry's welfare required him to stay with his grandmother.

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