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Children, Parents and the Courts

Condition: BRAND NEW
ISBN: 9781760020712
Author(s): John Seymour
Format: Hardcover
Year: 2016
Publisher: Federation Press
Dimensions: 156 x 0 x 234 (w x l x h)
Pages: 208

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Description:
The family can be viewed as a private world, one into which courts should be reluctant to intrude. In our society, recognition of the specialness of the parent/child relationship is well entrenched: 'The best person to bring up a child is the natural parent.' Yet legal intervention in this relationship may be justified when children need protection. The resulting tension is the principal subject of this book. An Australian court dealing with a child must seek the outcome most likely to promote that child's 'best interests'. The book includes case studies illustrating the difficulties magistrates and judges have encountered in applying the best interests test. These cases also prompt questions about the capacity of courts to make effective orders when children are not receiving adequate care: a court order cannot re-make a child's life. The first part of the book looks at the various issues that may arise in regards to different views on what 'best interests' may be. Cultural diversity must also be taken into account. To what extent should Australian law seek to accommodate differing views on child-rearing?
This question is particularly relevant to an examination of the impact on Indigenous communities of current child protection policies. Cultural bias can be criticised, but the system should not lose sight of the goals and standards expected of procedures designed to achieve what is best for all children, Indigenous and non-Indige
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