Hepton et al. v. Maat et al.

Hepton et al. v. Maat et al.

Natural parents are prima facie entitled to custody and may be deprived of that right only by abandonment or such misconduct as to render custody improper; the respondents' conduct did not amount to the "very serious and important reasons" required to override parental wishes; consent to adoption is not automatically irrevocable and may be withdrawn prior to completion; therefore custody should be returned to the natural parents and the appeal by the foster parents is dismissed.

Citation
[1957] SCR 606
Parties
Appellant (defendant, Foster Parent): Austin Hepton; Appellant (defendant, Foster Parent): Ethel Hepton; Respondent (plaintiff, Natural Parent): Herman Maat; Respondent (plaintiff, Natural Parent): Trudy Maat
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
26 June 1957
Procedural Posture
Custody Appeal (infants) / Appeal to Supreme Court of Canada From the Court of Appeal for Ontario
Outcome
Appeal dismissed
Legal Topics
Custody of Infants, Parental Rights, Consent to Adoption, Standard of Review in Custody Appeals, Welfare of the Child
Source Language
English
Family Law Child Custody Adoption Law Equity (parens Patriae) Custody of Infants Parental Rights Consent to Adoption Standard of Review in Custody Appeals +1 more

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Parties

Austin Hepton

Appellant (defendant, Foster Parent)

Ethel Hepton

Appellant (defendant, Foster Parent)

Herman Maat

Respondent (plaintiff, Natural Parent)

Trudy Maat

Respondent (plaintiff, Natural Parent)

Procedural Posture

Custody Appeal (infants) / Appeal to Supreme Court of Canada From the Court of Appeal for Ontario

Legal Issues

  1. 1 Whether natural parents retain a prima facie right to custody despite prior consent to adoption
  2. 2 Whether the parents' conduct constituted abandonment or such misconduct as to justify depriving them of custody
  3. 3 Whether consent to adoption is effectively irrevocable before an adoption order is made

Ratio Decidendi

Natural parents are prima facie entitled to custody and may be deprived of that right only by abandonment or such misconduct as to render custody improper; the respondents' conduct did not amount to the "very serious and important reasons" required to override parental wishes; consent to adoption is not automatically irrevocable and may be withdrawn prior to completion; therefore custody should be returned to the natural parents and the appeal by the foster parents is dismissed.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed
  • No order as to costs