Osgoode Hall Law Journal
Children's Law, Civil Procedure, Custody and Access, Dispute Resolution, Empirical Methodolog
“Whose Best Interests?” compares the law of custody and access disputes with the procedure used to resolve them, and argues that there is a fundamental contradiction between these two things. The former focuses on the interests of the children involved to the exclusion of all else. The latter, however, is essentially designed to protect the best interests of the adult parties to the dispute. The article concludes by considering two alternative reforms which might resolve this contradiction.
Semple, Noel. (2010). Whose Best Interests? Custody and Access Law and Procedure. Osgoode Hall Law Journal, 48 (2), 287-336.