The Expression And Parental Responsibility - 1443 Words

The expression â€Å"Parental Responsibility† (PR) marks a revolution in the Children Act 1989, aspiring to alter the parent-child relationship from rights to duties and responsibilities. This terminology justified the House of Lords’ decision in Gillick v West Norfolk and Wisbech AHA where Lord Fraser commented: â€Å"[Parental rights†¦ do not exist for the benefit of the parent†¦ rather to enable the parent to perform his duties towards the child†¦] . In accordance, s3 Children Act 1989 (CA 1989) defined having PR as being a legal parent in practice and this shows uniformity with the Hague Convention on Child Abduction which allows a right to guardianship. The current law [s2(2) CA 1989 ] states that an unmarried father does not automatically have PR. This reflects the State’s concern that it might be harmful to some unmarried mothers and children. Lord Denning’s judgment in Re M (An Infant) : â€Å"The father is too uncertain a figure for the law to take any cognizance of him†¦Ã¢â‚¬  and further elaborated by Balcombe LJ in Re H (Illegitimate Child: Father: Parental Rights) (No.2) where at 218: â€Å"The position of the natural father can be infinitely variable†¦ Considerable social evils might have resulted if the father at the bottom of the spectrum had been automatically granted full parental rights and duties† appears to support such an intention. Taking to heart the state’s intention of PR and how the courts view the spirit of PR, there has been two schools of thoughts towardsShow MoreRelated First Amendment And Music Censorship Essay1284 Words   |  6 Pagesimportance of free expression. The First Amendment states Congress shall make no law . . . abridging the freedom of speech, or of the press . . . (Commission on the Bicentennial of the United States Constitution 17). 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