Spotlight
Family Court Practice, The
Order the 2021 edition due out in May
Court of Protection Practice 2021
'Court of Protection Practice goes from strength to strength, having...
Jackson's Matrimonial Finance Tenth Edition
Jackson's Matrimonial Finance is an authoritative specialist text...
Spotlight
Latest articles
Re R (Children) (Control of Court Documents) [2021] EWCA Civ 162
(Court of Appeal (Civil Division), King, Peter Jackson, Elisabeth Laing LJJ, 12 February 2021)Practice and Procedure – Disclosure of court documents – Sexual abuse findings –...
AG v VD [2021] EWFC 9
(Family Court, Cohen J, 04 February 2021) Financial Remedies – Matrimonial and Family Proceedings Act 1984, Part III – Russian divorceThe wife was awarded just under £6m...
Become the new General Editor of The Family Court Practice, the definitive word on family law and procedure
The Family Court Practice (‘The Red Book’) is widely acknowledged as the leading court reference work for all family practitioners and the judiciary. We are currently recruiting a...
SCTS releases new simplified divorce and dissolution forms for Scotland
The Scottish Courts and Tribunals Service (SCTS) has released new simplified divorce and dissolution forms of application. As a result of legislation repealing Council Regulation EC 2201/2003, the...
Welsh Government launches consultation on amendments to adoption regulations
The Welsh Government has launched a consultation on the proposed amendments to the Adoption Agencies (Wales) Regulations 2005 and the Care Planning, Placement and Case Review (Wales) Regulations 2015....
View all articles
Authors

Conflicting rights: English adoption law and the implementation of the UN Convention on the Rights of the Child [2013] CFLQ 40

Sep 29, 2018, 21:03 PM
Slug : Sloan2013CFLQ40
Meta Title :
Meta Keywords :
Canonical URL :
Trending Article : No
Prioritise In Trending Articles : No
Date : Apr 2, 2013, 04:55 AM
Article ID : 102023

Keywords: Adoption - UNCRC - birth parents - welfare

The welfare of the relevant child became the 'paramount' consideration in adoption decisions as a result of the Adoption and Children Act 2002. This ostensibly brought English law into line with Article 21 of the UN Convention on the Rights of the Child 1989 (UNCRC), which requires states inter alia to 'ensure that the best interests of the child shall be the paramount consideration' in the context of adoption. This article considers the scheme of the 2002 Act and conducts a survey of the domestic adoption case-law under it in the light of some of the requirements of the UNCRC, with particular reference to the implications of the Act for the child's relationship with his or her birth family. It argues that the judiciary's approach to the Act is not necessarily compatible with certain provisions of the Convention, but that in any event the Convention suffers from internal inconsistency in this context that reduces its normative force.

The full version of this article appears in issue 1 of 2013 of Child and Family Law Quarterly.

 

 

Categories :
  • Articles
  • CFLQ
Tags :
Provider :
Product Bucket :
Recommend These Products
Related Articles
Load more comments
Comment by from