RE D-R [1999] 1 FLR 50 (CA)

Mental Health – contact – family members – incapacity – declaration – best interests

In the case where there is conflict between family members as to whether there should be contact, the best interests of an incompetent adult require the court to look at all the circumstances, which include the history and former relationships of the family members, the current situation and the prospects for the future. There was no presumption of the right to contact between a parent and an adult child, even one under a disability. That relationship must be weighed in the balance together with all the other relevant circumstances of each individual case.

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