King v. Low

King v. Low

The appeal is dismissed because the courts correctly applied the parens patriae/equitable jurisdiction giving paramountcy to the child's welfare and, on the evidence of advanced bonding, stability and the child's best interests, properly declined to return the child to the natural mother; s.37 read with s.39 supports that outcome.

Citation
[1985] 1 SCR 87
Parties
Appellant (natural Mother): Karen King; Respondent (adoptive Parent): George Low; Respondent (adoptive Parent): Barbara Jean Low
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
14 March 1985
Procedural Posture
Family Law Custody (contested Between Natural and Adoptive Parents) / Appeal to the Supreme Court of Canada From the Northwest Territories Court of Appeal; Final Disposition
Outcome
Appeal dismissed
Legal Topics
Custody, Parens Patriae, Best Interests/welfare of the Child, Revocation of Consent to Adoption, Bonding/psychological Attachment
Source Language
English
Family Law Child Welfare Adoption Law Equity (parens Patriae) Custody Parens Patriae Best Interests/welfare of the Child Revocation of Consent to Adoption +1 more

Case Brief

Summary, issues, holding and outcome

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Parties

Karen King

Appellant (natural Mother)

George Low

Respondent (adoptive Parent)

Barbara Jean Low

Respondent (adoptive Parent)

Procedural Posture

Family Law Custody (contested Between Natural and Adoptive Parents) / Appeal to the Supreme Court of Canada From the Northwest Territories Court of Appeal; Final Disposition

Legal Issues

  1. 1 Whether a natural mother who consented to adoption and later revoked consent can regain custody prior to completion of adoption
  2. 2 Whether s.37 of the Domestic Relations Ordinance precludes return absent satisfaction that return is for the child's welfare
  3. 3 Whether the court's parens patriae/equitable jurisdiction requires welfare of the child to be the paramount consideration over parental preference

Ratio Decidendi

The appeal is dismissed because the courts correctly applied the parens patriae/equitable jurisdiction giving paramountcy to the child's welfare and, on the evidence of advanced bonding, stability and the child's best interests, properly declined to return the child to the natural mother; s.37 read with s.39 supports that outcome.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed
  • Judgment of the Northwest Territories Court of Appeal affirmed