Summarize the system of chancery courts and the concept of parens patriae: their development, relationship, and connection to best interests of the child. Do you believe the concept of parens patriae is viable today? Support your view

Question

What will be an ideal response?

Answer 1

• A system of chancery courts became a significant arm of the British legal system after the fifteenth century.
• Originally established as "courts of equity" to handle matters falling outside traditional legal actions, these early courts were based on the traditional English system in which a chancellor acted as the "king's conscience" and had the ability to modify the application of legal rules and provide relief considering the circumstances of individual cases.
• The chancery courts dealt with the property and custody problems of the wealthier classes.
• They did not have jurisdiction over children charged with criminal conduct.
• The chancery courts dealt with issues of guardianship of orphaned children born to wealthy parents.
• A guardian was appointed to look after the property and inheritance rights of these children until they reached the age of majority and could care for themselves.
• Chancery court decision making rested on the proposition that children and other incompetents were under the protective control of the king; thus, the Latin phrase parens patriae was used.
• Parens patriae referred to the role of the king as the father of his country.
• The concept was first used by English kings to establish their right to intervene in the lives of the children whose position and property were of direct concern to the monarch.
• The concept of parens patriae became the theoretical basis for the protective jurisdiction of the chancery courts acting as part of the crown's power.
• Over time the monarchy used parens patriae more and more to justify its intervention in the lives of families and children by its interest in their general welfare.
• The concept of parens patriae grew to refer primarily to the responsibility of the courts and the state to act in the best interests of the child.
• Student answers will vary.