Capacity: Open justice?

The Open University | Family Law Journal | November 2014 #141
In the conclusion to a two-part analysis, Debbie Stringer discusses the more paternalistic approach that may be taken by the courts when considering a child’s capacity ‘Doctors and hospitals do not have, nor can they obtain, parental responsibility – it is for the court to determine whether or not treatment, and what sort of treatment, …

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Capacity: Maturity test

The Open University | Family Law Journal | October 2014 #140
In the first of a two-part analysis, Debbie Stringer examines how the courts approach Gillick competence in relation to a child’s capacity ‘Where a court has to make a decision where the rights of the child and the rights of the parents conflict, the child’s rights must be the paramount consideration.’ In two recent judgments …

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