Report No. 196

Two childre.- parents wishes relevant subject to welfare principle

What does the Court do now? If the operation is in Jodie's interest and not in Mary's interest, can it be allowed? Ward LJ then referred to the provisions of the Children's Act, 1984 and to Birmingham City Council vs. H (A Minor) 1994(2) AC 212, where the mother who delivered a child was herself a 'child'. It was held that the Court must approach the question without giving priority to one child over the other.

A balance has to be struck and her parents wishes become relevant. Parents' wishes are subordinate to the welfare of the child. Re KD (A minor) (Ward: Termination of access). After referring to J vs. C 1970 AC 668, Reg vs. Gyngoll 1893(2) QB 232 he referred to In Re Z (A minor)(Identification: Restrictions on publication) 1997 Fam 1, where Sir Thomas Bingham MR said that here, the Court can consider the parents' wishes but give its own judgment as to what is in the child's welfare.