Losing the Child in Child-Centred Legal Processes

LOST KIDS: VULNERABLE CHILDREN AND YOUTH IN TWENTIETH-CENTURY CANADA AND THE UNITED STATES, pp. 192-212, Mona Gleason, Tamara Myers & Leslie Paris, eds., Vancouver: UBC Press, 2009

Posted: 1 Oct 2010

See all articles by Susan B. Boyd

Susan B. Boyd

University of British Columbia Allard School of Law

Fiona Kelly

La Trobe Law School

Cindy L. Baldassi

affiliation not provided to SSRN

Abstract

This chapter suggests that social biases influencing the application of the best interests test can produce decisions that miss the relevance of key factors in children’s lives. The authors undertake the problem of assessing just how the “best interests of the child” doctrine is operationalized, first in relation to the highly gendered history of child custody law, then in relation to two new fields involving so-called alternative parenting: lesbian parenting and parenting through the use of reproductive technologies. The authors ask how the best interests principle is interpreted in these scenarios and highlight the central role of familial ideology in mediating the application of the principle. The authors argue that in order to prioritize children’s interests, a child’s bio-genetic ties should be de-emphasized in favour of their actual relationships.

Keywords: Family law, Best interests of the child doctrine, child custody law

Suggested Citation

Boyd, Susan Barbara and Kelly, Fiona and Baldassi, Cindy L., Losing the Child in Child-Centred Legal Processes. LOST KIDS: VULNERABLE CHILDREN AND YOUTH IN TWENTIETH-CENTURY CANADA AND THE UNITED STATES, pp. 192-212, Mona Gleason, Tamara Myers & Leslie Paris, eds., Vancouver: UBC Press, 2009 , Available at SSRN: https://ssrn.com/abstract=1653920

Susan Barbara Boyd (Contact Author)

University of British Columbia Allard School of Law ( email )

1822 East Mall
Vancouver, British Columbia V6T 1Z1
Canada
604-822-8108 (Fax)

HOME PAGE: http://www.allard.ubc.ca/faculty-staff/susan-b-boyd-frsc

Fiona Kelly

La Trobe Law School ( email )

La Trobe University
Bundoora, VIC 3083 3142
Australia

Cindy L. Baldassi

affiliation not provided to SSRN

Here is the Coronavirus
related research on SSRN

Paper statistics

Abstract Views
357
PlumX Metrics