parental rights do not clothe parent with life and death authority over children
How later courts described this case
- parental rights do not clothe parent with life and death authority over children
- medical treatment of child’s leukemia
- “The first and paramount duty is to consult the welfare of the child”
Written by the judges who cited it.
The opinion
Braucher, J.
(dissenting). In my view this appeal should be dismissed because, as the court notes (supra note 1), the parents have left the Commonwealth with the child, in violation of the trial court’s orders. Ellis v. Doherty, 334 Mass. 466 (1956). Henderson v. Henderson, 329 Mass. 257 (1952). See Pur-Shahriari v. Pur-Shahriari, 355 Mass. 632, 633 (1969). Cf. Commonwealth v. Andrews, 97 Mass. 543 (1867) (criminal appeal). I would raise the point on the court’s own motion, looking to the merits only to the extent necessary to be sure that the interests of the child were adequately represented by the guardian ad litem. They were. My view is reinforced by the fact that the presentation of the appeal on behalf of the parents was quite summary.
Since none of my brethren shares my view, I think it is proper to state that I do not disagree with the court’s conclusion on the merits.