Osgoode Hall Law Journal, Vol. 48, No. 3/4, pp. 695-702, 2011
8 Pages Posted: 23 Mar 2010 Last revised: 14 Jul 2011
Date Written: March 16, 2010
If custody and access disputes are a deck of cards, the trump suit is the best interests of the child. When separating parents litigate about how and with whom their child should live, findings about what’s best for the child are meant to sweep away the parents’ interests and rights-claims. This principle is uncontroversial, but applying it is difficult. What parenting arrangements are best for children, and how successful is the legal system in putting these arrangements in place?
Sociologist Paul Millar has responded with this slim volume, the goal of which is to “explain child custody outcomes in Canada in terms of factors that predict legal behaviour and factors that are empirically associated with beneficial outcomes for children.” The empirical data in this book is a powerful and fruitful new source, but unfortunately it is not complemented by a broad or objective account of the secondary research and case law in this field.
Keywords: Child custody, Empirical Methodology, Family Law
Suggested Citation: Suggested Citation
Semple, Noel, Book Review: The Best Interests of Children – An Evidence Based Approach, by Paul Millar (March 16, 2010). Osgoode Hall Law Journal, Vol. 48, No. 3/4, pp. 695-702, 2011. Available at SSRN: https://ssrn.com/abstract=1572894