Document Type

Article

Publication Date

2010

Publication Title

Osgoode Hall Law Journal

Volume

48

Issue

2

First Page

287

Last Page

336

Keywords

Children's Law, Civil Procedure, Custody and Access, Dispute Resolution, Empirical Methodolog

Abstract

“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.

Comments

This article can be viewed in its place of original publication at http://digitalcommons.osgoode.yorku.ca/ohlj/vol48/iss2/3/

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