The Best Interests of a Child: A Tragedy in Three Parts
(2017) Medical Law Review, 25(1), 138-149
Posted: 10 Sep 2018
Date Written: September 3, 2018
It is in the best interests of a child to be healthy, to run around in a playground, be surrounded and supported by loved ones and to believe that hospitals are places where other people go.Cancer is not in the best interests of a child, and neither is conﬂict between parents and treatment teams. However, sometimes both occur and when they do, the only way forward is to turn to the courts seeking away to balance the competing views and navigate a way through the conﬂict to determine what is in the best interests of this particular child, in this particular situation, surrounded by this particular family. It is a fact driven enquiry based upon some foundational principles, therefore whilst the decisions are not binding,they can provide guidance for those confronted with similar complexities in the future.
Keywords: THE BEST INTERESTS OF A CHILD, CAHS V Kiszko & Anor,  FCWA 19, CAHS v Kiszko & Anor,  FCWA 34, CAHS v Kiszko & Anor,  FCWA 75
JEL Classification: K00, K30, K32, K39
Suggested Citation: Suggested Citation