The Court of Appeal have surprised family practitioners by defying the long standing tradition, or "established right", for children to be brought up by their natural family. They ruled that a 2 year old girl should be raised by a couple who had homed the little girl for 18 months and were in the process of adopting her rather than the girl's grandparents.
This is in stark contrast to previous rulings and the case law flowing out of the European Court of Human Rights where the presumption remains that a child is better placed with their natural family if at all possible. McFarlane LJ found instead that the child in question had an established relationship with her prospective adopters that out weighed the relationship with her grandparents. Let's see if this ruling has further consequences....
McFarlane LJ boldly asserts that there is no presumption or right of a child to be brought up by their natural family. He says “this needs to be firmly and clearly laid to rest”.