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Mature minors and parenting disputes in Australia: Engaging with the debate on best interests v autonomy

Young, L. (2019) Mature minors and parenting disputes in Australia: Engaging with the debate on best interests v autonomy. UNSW Law Journal, 42 (4). pp. 1362-1385.

Abstract

Australia lags behind other jurisdictions in considering the relevance of a mature minor’s decision-making capacity to parenting disputes. Gillick competency, as it is known, is routinely discussed in the case of medical decision-making, however is ignored when it comes to parenting decisions concerning very mature minors. This article explores this failure and in particular considers a) the jurisdiction of the court to determine a matter when a child is competent; b) the extent to which the courts are entitled to ignore a child’s competency, based on their best interests; c) to the extent a court should, but does not, consider a child’s competency, why they do not; and d) the arguments for overriding, or not, competency where there is a discretion. The article concludes that the court needs to reconsider this area of law, highlighting that this would play a part in the larger project of giving due recognition to children’s rights in parenting proceedings.

Item Type: Journal Article
Murdoch Affiliation: School of Law
Publisher: University of New South Wales. Faculty of Law
Publishers Website: http://www.unswlawjournal.unsw.edu.au/article/matu...
URI: http://researchrepository.murdoch.edu.au/id/eprint/53857
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