ABSTRACT
The nature of the relationship between parents and their children, and the respective rights that they hold, is subject to change as societal views alter. Today there is an increasing recognition of children’s individual rights, and the fact that these exist in parallel with, or to the exclusion of, parental rights. However, a child may not always be in a position to exercise rights, perhaps due to their age, and so the law places duties on parents to do so. The state of flux that exists between the extent of parents’ rights vis à vis children’s rights is illustrated in the case of Gillick v West Norfolk AHA [1986]. This case introduced the concept of the Gillick competent child, one who was of sufficient age and understanding to take decisions for themselves, rather than this resting with the parents. Although the extent of Gillick in terms of reducing the role for parents may be overstated, the case has informed the major piece of legislation relating to children, the Children Act 1989. This Act does not however set out in detail the nature of parents’ duties in relation to their children, these are established in case law.
