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

journal contribution
posted on 2004-06-01, 00:00 authored by John MorssJohn Morss
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.

History

Journal

Psychiatry, psychology and law

Volume

11

Issue

2

Pagination

319 - 322

Publisher

Australian Academic Press

Location

Melbourne, Vic.

ISSN

1321-8719

eISSN

1934-1687

Language

eng

Publication classification

C1 Refereed article in a scholarly journal

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