[Download] "From Good Intentions to Ethical Outcomes: The Paramountcy of Children's Interests in the Family Law Act (Australia)" by Melbourne University Law Review ~ Book PDF Kindle ePub Free
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eBook details
- Title: From Good Intentions to Ethical Outcomes: The Paramountcy of Children's Interests in the Family Law Act (Australia)
- Author : Melbourne University Law Review
- Release Date : January 01, 2009
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 322 KB
Description
[The notion of the 'best interests of the child' plays a central role in Australian family law Section 60CA of the Family Law Act 1975 (Cth), as amended in 2006, reiterates the longstanding principle that, in making a parenting order; 'a court must regard the best interests of the child as the paramount consideration'. The Australian judiciary has adopted a strong interpretation of the paramountcy principle, according to which the interests of children prevail absolutely over the interests of all other parties. The authors argue that such a strong emphasis on children's interests cannot be ethically justified; only a weak view of the paramountcy principle can be supported on ethical grounds.] I INTRODUCTION