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The relevance of the quality of the parent-child relationship in awards of adult child maintenance

Young, L. and Baxter, S. (2014) The relevance of the quality of the parent-child relationship in awards of adult child maintenance. Australian Journal of Family Law, 28 (2). pp. 142-159.

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Abstract

This paper considers the relevance of the adult-child relationship to awards of adult child maintenance. Aside from step-child maintenance, this is the only area of maintenance law where the quality of the relationship between the potential payer and the person for whom they are paying maintenance is considered relevant. This paper traces the history of this approach against the backdrop of legislative changes to the relevant provisions and considers whether any compelling rationale has been provided for taking this matter into account. The paper concludes that no such rationale has been articulated and argues there are good reasons for abandoning this approach, not the least of which is the reliance of such an approach on an apportionment of fault between parent and child as to the poor quality of the relationship.

Publication Type: Journal Article
Murdoch Affiliation: School of Law
Publisher: LexisNexis
Publishers Website: https://www.lexisnexis.com.au/en/products-and-serv...
URI: http://researchrepository.murdoch.edu.au/id/eprint/42138
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