Ward of Court in UK Law

Leading Cases
  • Re E. (S. A.) (A Minor) (Wardship: Court's Duty)
    • House of Lords
    • 19 Enero 1984

    But a court exercising jurisdiction over its ward must never lose sight of a fundamental feature of the jurisdiction that it is exercising, namely, that it is exercising a wardship, not an adversarial, jurisdiction. It will, therefore, sometimes be the duty of the court to look beyond the submissions of the parties in its endeavour to do what it judges to be necessary.

  • Re F. (orse. A.) (A Minor) (Publication of Information)
    • Court of Appeal (Civil Division)
    • 14 Octubre 1976

    As I read the section, what is protected from publication is the proceedings of the courts in all other respects the ward enjoys no greater protection against unwelcome publicity than other children. If the information published relates to the ward, but not to the proceedings, there is no contempt; as Mr. Justice North commented in Martindale's case, there would have been no contempt in that case had the newspaper confined its report to the fact of the ward's marriage.

  • Re Mohamed Arif (an Infant)
    • Court of Appeal (Civil Division)
    • 12 Marzo 1968

    When an infant becomes a ward of court, control over the person of the infant is vested in the Judges of the Chancery Division of the High Court, It is for the Judge to say by order from time to time where the ward is to reside and with whom, and disobedience to such an order is con tempt of court by anyone who knowingly breaches or is party to a breach of that order.

    It is, however, quite obvious that there are circum stances in which control over the person of a ward is not com mitted or referred to the Judge but is by the law of England committed or referred to another agency or person.

  • Re J (A Minor) (Wardship: Medical Treatment)
    • Court of Appeal (Civil Division)
    • 19 Octubre 1990

    This gives effect, as it should, to the fact that even very severely handicapped people find a quality of life rewarding which to the unhandicapped may seem manifestly intolerable. But in the end there will be cases in which the answer must be that it is not in the interests of the child to subject it to treatment which will cause increased suffering and produce no commensurate benefit, giving the fullest possible weight to the child's, and mankind's, desire to survive.

  • Re SA (Vulnerable Adult with Capacity: Marriage)
    • Family Division
    • 15 Diciembre 2005

    As I have said, the court exercises what is, in substance and reality, a jurisdiction in relation to incompetent adults which is for all practical purposes indistinguishable from its well-established jurisdiction in relation to children. There is little, if any, practical difference between the types of orders that can be made in exercise of the two jurisdictions.

  • Re L. (an Infant)
    • Court of Appeal (Civil Division)
    • 15 Noviembre 1967

    It derives from the right and duty of the Crown as parens patriae to take care of those who are not able to take care of themselves. Even if there was no property and the child was not a ward of court, nevertheless the Court of Chancery had power to interfere for the protection of the infant by making whatever order might be appropriate. That was made clear by Lord Cottenham, Lord Chancellor, in Re Spencer (1847) 2 Phillips, page 247, where the infants were not wards and there was no property.

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Legislation
  • Family Law Reform Act 1969
    • UK Non-devolved
    • 1 de Enero de 1969
  • Guardianship of Infants Act 1925
    • UK Non-devolved
    • 1 de Enero de 1925
    ... ... 1. Where in any proceeding before any court (whether or not a court within the meaning of the Guardianship of Infants ... the marriage of a ward of court ... (7) This section shall not extend to Scotland ... Tutors.10 ... ...
  • Family Proceedings Rules 1991
    • UK Non-devolved
    • 1 de Enero de 1991
    ... ... 1991 No. 1247 (L.20) ... FAMILY PROCEEDINGS ... SUPREME COURT OF ENGLAND AND WALES ... COUNTY COURTS ... The Family Proceedings ... WARDSHIP PART V ... WARDSHIP ... Application to make a minor a ward of court S-5.1 ... Application to make a minor a ward of court ... ...
  • Law Reform (Miscellaneous Provisions) Act 1949
    • UK Non-devolved
    • 1 de Enero de 1949
    ... ... payment of percentage under the Lunacy Act, 1890, and to wards of court; and for purposes connected therewith ... [16th December 1949] ... Be it ... be made a ward of court except by virtue of an order to that ... effect made by the ... ...
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Books & Journal Articles
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Law Firm Commentaries
  • Wardship And Inherent Jurisdiction: Children Law Issues In England And Wales
    • Mondaq UK
    ...What is warship and what grounds apply for a child to be made a ... ward of court? ... What is wardship? ... When a child is made a ward of court, ... ...
  • I'm Taking The Kids!
    • Mondaq United Kingdom
    ... ... from the jurisdiction must obtain the leave of the court in ... order to do so. Section 13(2) states that if a parent has the ... the father and the child was a ward of court for a period of ... time. However, the father was eventually ... ...
  • Consequences of reducing value of a claim to pay a reduced court fee – held an abuse of process
    • JD Supra United Kingdom
    In Lewis and others v Ward Hadaway (A Firm) [2015] EWHC 3503 (Ch) the High Court has reminded parties to litigation that where a claimant party is found to have deliberately sought to avoid paying ...
    ... In Lewis and others v Ward Hadaway (A Firm) [2015] EWHC 3503 (Ch) the High Court has reminded parties to litigation that where a claimant party is found to have deliberately ... ...
  • Discontinuance - Ward v Hutt
    • Mondaq UK
    ...Case Alert - [2018] EWHC 77 (Ch) ... CPR r38.7 provides that "A claimant who discontinues a claim needs the permission of the court to make another claim against the same defendant if (a) he discontinued the claim after the defendant filed a defence ... " Matthew HHJ held that the ... ...
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Forms
  • Your rights to legal representation and to see the tribunal doctor
    • HM Courts & Tribunals Service court and tribunal forms
    Mental Health Tribunal forms including application and pre-hearing examination forms.
    ... ... The interview is usually just you and the tribunal doctor on your ward in a room where you ... can be private. You can choose if you want someone ... ...
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    • HM Courts & Tribunals Service court and tribunal forms
    Mental Health Tribunal forms including application and pre-hearing examination forms.
    ... ... hearing are: ... ● the patient ... ● the hospital doctor, ward nurse, ... social worker ... Everybody says what they thinks will ... be ... ...
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