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- Title
MATURE MINORS AND PARENTING DISPUTES IN AUSTRALIA: ENGAGING WITH THE DEBATE ON BEST INTERESTS V AUTONOMY.
- Authors
YOUNG, LISA
- 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.
- Subjects
PARENT-child legal relationship; PARENT-child relationships; PARENTING; JURISDICTION; DECISION making; ACTIONS &; defenses (Law)
- Publication
University of New South Wales Law Journal, 2019, Vol 42, Issue 4, p1362
- ISSN
0313-0096
- Publication type
Article
- DOI
10.53637/rrnq2588