H v Lees and BD v Orr (1993) SCCR. 900
Citation: H v Lees and BD v Orr (1993) SCCR. 900
Rule of thumb: What is the standard for parental neglect? The full circumstances have to be looked at – unruly moments cannot be taken in isolation.
Judgment:
This case affirmed the parental negligence principle – parents cannot raise children whatever way they want as they have a minimum level of legal duties to comply with as a parent. Where a parent does not provide the child with the necessary amount of care and support this is deemed to be parental negligence, ‘the necessary standard of care is... what .. a ... reasonable parent, in all the circumstances, would regard as necessary to provide proper care and attention to the child’
Warning: This is not professional legal advice. This is not professional legal education advice. Please obtain professional guidance before embarking on any legal course of action. This is just an interpretation of a Judgment by persons of legal insight & varying levels of legal specialism, experience & expertise. Please read the Judgment yourself and form your own interpretation of it with professional assistance.