The blood tie
Raised to the status of a presumption
Bibliographic Data
| ID | 12284841 |
|---|---|
| Authors | Lnes Weyland (a Law, University of North London, corresponding author) |
| Year | 1997 |
| Volume | 19 |
| Issue | 2 |
| Pages | 173-188 |
| Publication date | 1997-04-01 |
| Peer Reviewed | Yes |
| Open Access | No |
| Type | ARTICLE |
| Venue | The Journal of Social Welfare Law (JOURNAL) |
| Journal identifiers | ISSN: 0141-8033 • E-ISSN: 1469-9621 |
| Publisher | Taylor & Francis (PUBLISHER • GB) |
| DOI | 10.1080/09649069708416181 |
| OpenAlex | W1993897093 |
| Language | EN |
| Citations received | 3 |
| References cited | 20 |
Based on an obiter dictum by Lord Templeman in Re KD the Court of Appeal has developed a presumption favouring the care of children by their natural parents in what ure referred to as blood tie cases. It is contended that this presumption conjlicts with the application of the principle of the paramountcy of the child's Hselfare in the light of the checklist in s.1(3) of the Children Act 1989, and psychological research about the emotional needs of children. The constitutional doctrine of the supremacy of Acts of Parliament, which subordinates judiciul pronouncements about the law to statute, requires the judiciary to discard the presumption. More importantly, its application may cause serious emotional damage to children who are separated from long-term carers to whom they have become strongly attached, as illustrated by a number of cases involving residence disputes between natural and psychological parents
Business · Political science · Presumption · Family Dynamics and Relationships · Law · Marriage and Sexual Relationships · Medicine · Sexuality, Behavior, and Technology
Before the Best Interests of the Child
Family obligations and social change
After nature
Attachment and loss
Social origins of depression
Parent‐child Separation
The Influence of Temperament and Mothering on Attachment and Exploration
Maternal Deprivation, 1972-1978
Pathways from Childhood to Adult Life
Social and Family Relationships of Ex‐Institutional Adolescents
Maternal deprivation reassessed
Consistency of mothers' behavior toward infant siblings
Genealogical bewilderment in children with substitute parents
The separation experience of children in long-term care
Identity conflicts in adoptees
| Unique citing works | 3 |
|---|---|
| Citations per year | 0,19 |
| Citation span | 2010 - 2022 (13) |
| Citation velocity | historical |
| Highly cited | No |
| Citation types | Neutral: 3 |