Sunteți pe pagina 1din 1

▪ his characterisation is based on the written

submission that Ms E’s “own actions may have


exacerbated fears of the children ... there was a
sense of dramatisation in her account of events.”
he Court should not shy away from reaching such a
result in an appropriate case but at all times judges
should be conscious that the adversarial or inquisitorial
systems often reach results that are artificial. The truth
does not always come out. A false negative finding
accompanied by appropriate safeguards as to the
future relationship between parent and child, such as
adequate supervision to guard against possible abuse,
may be far less disastrous for the child than an
erroneous positive finding that leads to a cessation of
the parent-child relationship. The Court needs to be
remain conscious of this imperfection at all times.

▪ The parents have the right to decide upon medical treatment, surgery
etc. concerning their child. See also the special legal provisions with
regard to: interdiction of sterilisation of minor children: Art. L. 2123-
1 and L. 2123-2 French Code of Public Health (Code Santé Publique);

S-ar putea să vă placă și