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- Title
IN THE BEST INTERESTS OF CHILDREN.
- Authors
Firestone, Gregory; Weinstein, Janet
- Abstract
In the traditional family law and child protection litigation where the court is asked to make determinations based on the best interests of a minor, the adversarial, rights-based model often fails to serve the interests of children and families and may be more harmful than beneficial to children relative to other possible methods of dispute resolution. This article examines the shortcomings of such an adversarial, rights-based model; briefly highlights the literature on dispute resolution systems design; and then proposes a new approach to better serve the interests of children in family law and child protection cases.
- Subjects
CHILDREN; CHILD welfare; DOMESTIC relations; DISPUTE resolution; ACTIONS &; defenses (Law)
- Publication
Family Court Review, 2004, Vol 42, Issue 2, p203
- ISSN
1531-2445
- Publication type
Article
- DOI
10.1177/1531244504422003