But for the barriers: significant extensions to children's capacity

Morss, John 2004, But for the barriers: significant extensions to children's capacity, Psychiatry, psychology and law, vol. 11, no. 2, pp. 319-322.

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Title But for the barriers: significant extensions to children's capacity
Author(s) Morss, John
Journal name Psychiatry, psychology and law
Volume number 11
Issue number 2
Start page 319
End page 322
Publisher Australian Academic Press
Place of publication Melbourne, Vic.
Publication date 2004-06
ISSN 1321-8719
1934-1687
Summary This article focuses on children’s capacity to exercise legal rights. It is argued that, undisturbed by the High Court’s subsequent decision, the Family Court in B & B & Minister for Immigration and Multicultural & Indigenous Affairs [2003] Fam CA has found that a child’s capacity is qualified only by contingent factors. This represents a significant development of the prevailing Gillick approach for the determination of the competence of children and young people. Where the Gillick approach requires a positive inquiry as to whether the actual maturity level of an
individual child or young person is adequate relative to the question at issue, the new approach focuses on barriers to justice encountered by the child. At least in relation to some matters, capacity is presupposed.
Language eng
Field of Research 180113 Family Law
HERDC Research category C1 Refereed article in a scholarly journal
Persistent URL http://hdl.handle.net/10536/DRO/DU:30002426

Document type: Journal Article
Collections: School of Law
Higher Education Research Group
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