Children, Parents and the Courts by John Seymour
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Children, Parents and the Courts

Children, Parents and the Courts


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About the Book

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-Indigenous.

In addition to considering cases in which parents' authority is challenged, Part II of the book addresses another issue. When a dispute arises about the medical treatment of a mature child, the child may assert the power to give the necessary consent to, or to decline, the treatment. If the adult world disapproves of the child's decision a court can override it on the ground that the child is vulnerable and needs protection. Is this a benevolent application of the "best interests" test or unwarranted paternalism?


About the Author: Dr John Seymour has a special interest in children and the law. From 1979-1981 he acted as the Commissioner in Charge of the Australian Law Reform Commission's inquiry into child welfare law in the ACT. This inquiry resulted in a substantial and influential report, Child Welfare (ALRC Report No 18, 1981). He maintained this interest when appointed to the Australian National University College of Law, from which he retired in 1998 as a Reader. Among the courses he taught were Child Welfare Law, and Children, Parents and the State. He also taught courses in Criminal Law, Social Welfare Law and Administration of Criminal Justice and undertook medico-legal research, focusing on the legal status of the fetus and litigation arising in the field of obstetrics. His books include Dealing with Young Offenders (Lawbook Co, 1988) and Childbirth and the Law (OUP, 2000). He was a joint editor (with Philp Alston and Stephen Parker) of Children, Rights and the Law (Clarendon, 1992). He has published articles in numerous journals, including the Australian and New Zealand Journal of Criminology, Federal Law Review, Torts Law Journal, Law and Society Review, Oxford Journal of Legal Studies, Journal of Law and Medicine, Modern Law Review and International Journal of Law and the Family. He is currently an Honorary Professor in the ANU College of Law.


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Product Details
  • ISBN-13: 9781760020712
  • Publisher: Federation Press
  • Publisher Imprint: Federation Press
  • Height: 235 mm
  • No of Pages: 208
  • Spine Width: 0 mm
  • Weight: 750 gr
  • ISBN-10: 1760020710
  • Publisher Date: 10 Aug 2016
  • Binding: Hardback
  • Language: English
  • Returnable: N
  • Sub Title: Legal Intervention in Family Life
  • Width: 159 mm


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