| 翻訳と辞書 |
| Troxel v. Granville ： ウィキペディア英語版 |
Troxel v. Granville
''Troxel v. Granville'', 530 U.S. 57 (2000),〔(530 U.S. 57 ) Full text of the opinion courtesy of Findlaw.com.〕 is a case in which the Supreme Court of the United States, citing a constitutional right of parents to rear their children, struck down a Washington state law that allowed any third party to petition state courts for child visitation rights over parental objections.
==Impact of ''Troxel v. Granville''==
In the case of ''Troxel v. Granville'', the United States Supreme Court stated that "the interest of parents in the care, custody and control of their children--is perhaps the oldest of the fundamental liberty interests recognized by this Court."〔''Troxel v. Granville'', 530 U.S. 57, 65; 120 S Ct 2054, 2060 (2000).〕 The Supreme Court also made it clear that this fundamental right is implicated in grandparent visitation cases. The plurality opinion stated at the outset that statutes allowing grandparent visitation orders to be imposed over parental objection "present questions of constitutional import." The Supreme Court flatly declared that "the Due Process Clause of the Fourteenth Amendment protects the fundamental right of parents to make decisions concerning the care, custody, and control of their children", and struck down the Washington visitation statute because it unconstitutionally infringed on that fundamental parental right.
State courts considering non-parent visitation petitions must apply "a presumption that fit parents act in the best interests of their children.".〔''Troxel'', 530 US at 69; 120 S Ct at 2061, 2062.〕 ''Troxel'' requires that state courts must give "special weight" to a fit parent's decision to deny non-parent visitation. "Choices (make ) about the upbringing of children... are among associational rights... sheltered by the Fourteenth Amendment against the State's unwarranted usurpation, disregard, or disrespect."〔''M.L.B. v. S.L.J.'', 519 U.S. 102, 116-117 (1996).〕 This principle must inform the understanding of the "special weight" that ''Troxel'' requires courts to give to parents' decisions concerning whether, when and how grandparents will associate with their children. Even though ''Troxel'' does not define "special weight," previous Supreme Court precedent indicates that "special weight" is a strong term signifying very considerable deference.〔See, for example, ''Comstock v. Group of Institutional Investors'', 335 US 211, 230 (1948); ''Tibbs v. Florida'', 457 US 31 (1982).〕 The "special weight" requirement, as illuminated by these prior Supreme Court cases, means that the deference provided to the parent's wishes will be overcome only by some compelling governmental interest and by overwhelmingly clear factual circumstances supporting that governmental interest.
抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』
■ウィキペディアで「Troxel v. Granville」の詳細全文を読む
スポンサード リンク
| 翻訳と辞書 : 翻訳のためのインターネットリソース |
Copyright(C) kotoba.ne.jp 1997-2016. All Rights Reserved.
|
|