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Encyclopedia > Parens patriae
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Parens patriae is Latin for parent of the fatherland or parent of the homeland. In law, it refers to the public policy power of the state to usurp the rights of the natural parent, legal guardian or informal carer, and to act as the parent of any child or individual who is in need of protection, such as a child whose parents are unable or unwilling to take care of him or her, or an incapacitated and dependent individual. Jump to: navigation, search Latin is an Indo-European language originally spoken in the region around Rome called Latium. ... Aphorism Critical legal studies Jurisprudence Law (principle) Legal research Letter versus Spirit List of legal abbreviations Legal code Natural justice Natural law Philosophy of law Religious law External links Find more information on Law by searching one of Wikipedias sibling projects: Wikibooks Wikiversity has more about this subject: School... Public policy or ordre public is the body of fundamental principles that underpin the operation of legal systems in each state. ... For the purposes of Public International Law and Private International Law, a state is a defined group of people, living within defined territorial boundaries and subject, more or less, to an autonomous legal system exercising jurisdiction through properly constituted courts. ... Parenting comprises all the tasks involved in raising a child to an independent adult. ... A legal guardian is a person who has the legal authority (and the corresponding duty) to care for the personal and property interests of another person, called a ward. ... Jump to: navigation, search A male Caucasian toddler child A child (plural: children) is a young human. ...


Discussion

In most jurisdictions, this appears in the principle that makes the protection of the best interests of any child the first and single most important concern of the courts. For example, in any proceedings affecting the validity of a marriage, the children will not be parties in their own right, nor will they be parties to any agreement that the spouses may make. In these proceedings, the courts will often be invited to accept and enforce any agreement between a husband and wife regarding custody of their children. This will usually be done so long as the agreement is seen to be in the best interests and welfare of the children. The term jurisdiction has more than one sense. ... Jump to: navigation, search Marriage is a legal, social, and religious relationship between individuals which has formed the foundation of the family for most societies. ... Child custody and guardianship are the legal terms used to describe the legal and practical relationship between a parent and child, including e. ... Best interests or best interests of the child is the doctrine used by most courts to determine a wide range of issues relating to the well being of children. ...


In some situations, the parties may have submitted their dispute to formal arbitration proceedings. Such proceedings whether judicial or quasi-judicial cannot displace the supervisory power of the court in the exercise of its parens patriae function to the child. To the extent that such an award conflicts with the best interests of the child, the courts will treat it as void in respect of the child, even though it might be binding on the parents. The test of the best interests of the child can always be the basis of a challenge by a parent, grandparent, an interested relative, or the child acting through a friend. Thus, for example, the spouses might already have been through a religious form of divorce before the Beth Din, the Jewish religious court, which included provision for the children. Even thought there might appear to be a grant of custody in absolute terms by this court, public policy always requires that it can be reviewed by a secular court and, if the state court is of the view that it is not in the best interests of the child, it will be set aside (see Stanley G. v. Eileen G. New York Law Journal, 10-13-94, P.22, Col.6, Sup. Ct., NY Co.).


Within the EU, the right of the child to be heard in any proceedings is a fundamental right provided in Article 24 Charter of Fundamental Rights of the European Union. The views of the child shall be considered on matters which concern them in accordance with their age and maturity. It also provides that the child's best interest shall be the primary consideration in all actions relating to children, whether taken by public authorities or private institutions. The Charter of Fundamental Rights of the European Union is a document containing human rights provisions, solemnly proclaimed by the European Parliament, the Council of the European Union, and the European Commission in December 2000. ...


The same principles apply to individuals whose mental capacity is impaired and who are being abused by carers or other individuals, whether family members or otherwise. Since these individuals cannot protect themselves, the courts have an inherent jurisdiction to appoint a guardian ad litem for particular proceedings. In English Law, long-term care is arranged through the Court of Protection. Jump to: navigation, search Capacity and incapacity are legal terms that refer to the ability of persons to make certain binding dispositions of their rights, such as entering into contracts, making gifts, or writing a valid will. ... A legal guardian is a person who has the legal authority (and the corresponding duty) to care for the personal and property interests of another person, called a ward. ... English law is the law of England and Wales, rather than Scotland and Northern Ireland. ... Jump to: navigation, search The Court of Protection in English law is a part of the High Court of Justice of England and Wales that acts in the best interests of persons mentally incapable of managing their own affairs with respect to estates. ...


  Results from FactBites:
 
USCA1 Opinion 99-2170 (4780 words)
Indeed, the Court's expansion of parens patriae doctrine beyond its traditional common law parameters took place in cases involving the Court's exercise of its original jurisdiction to decide controversies between States or between a State and a citizen of another State -- an area in which the Court acted as an arbiter between quasi-sovereign interests.
The parens patriae action has its roots in the common-law concept of the "royal prerogative," that is, the power of the king, as "father of the country," to act as the guardian for those under legal disabilities to act for themselves.
Parens patriae is not mentioned as an established principle of international law in either the Restatement (Third) of Foreign Relations Law of the United States (1987) or any major treatise in the field.
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