The Best Interests of a Child: A Tragedy in Three Parts

(2017) Medical Law Review, 25(1), 138-149

U. of Adelaide Law Research Paper No. 2018-117

Posted: 10 Sep 2018

See all articles by Bernadette Richards

Bernadette Richards

University of Adelaide - School of Law

Date Written: September 3, 2018

Abstract

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, [2016] FCWA 19, CAHS v Kiszko & Anor, [2016] FCWA 34, CAHS v Kiszko & Anor, [2016] FCWA 75

JEL Classification: K00, K30, K32, K39

Suggested Citation

Richards, Bernadette, The Best Interests of a Child: A Tragedy in Three Parts (September 3, 2018). (2017) Medical Law Review, 25(1), 138-149, U. of Adelaide Law Research Paper No. 2018-117, Available at SSRN: https://ssrn.com/abstract=3243429

Bernadette Richards (Contact Author)

University of Adelaide - School of Law ( email )

Adelaide, South Australia 5005
Australia

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