Mature Minors and Parenting Disputes in Australia
Engaging with the Debate on Best Interests v Autonomy
Bibliographic Data
| ID | 6174003 |
|---|---|
| Authors | Lisa Young (0000-0003-2654-3874, corresponding author) |
| Year | 2019 |
| Volume | 42 |
| Issue | 4 |
| Publication date | 2019-11-01 |
| Open Access | No |
| Type | ARTICLE |
| Venue | University of New South Wales Law Journal (JOURNAL) |
| Journal identifiers | ISSN: 0313-0096 • E-ISSN: 1839-2881 |
| Publisher | University of New South Wales Law Journal (PUBLISHER • AU) |
| DOI | 10.53637/rrnq2588 |
| OpenAlex | W2996280611 |
| Language | EN |
| Citations received | 1 |
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
Autonomy · Best interests · Discretion · Family law · High Court · Jurisdiction · Minor (academic · Political science · Project commissioning · Publishing · Relevance (law · Sociology · Conflict of Laws and Jurisdiction · Ethics and Legal Issues in Pediatric Healthcare · Law · Patient Dignity and Privacy
| Citations per year | 1 |
|---|---|
| Citation span | 2026 - 2026 (1) |
| Highly cited | No |