The Welfare Test: Determining the Indeterminate

Citation

Sutherland EE (2018) The Welfare Test: Determining the Indeterminate. Edinburgh Law Review, 22 (1), pp. 94-100. https://doi.org/10.3366/elr.2018.0457

Abstract
First paragraph: Many parting or never-together parents reach agreement on the future arrangements for the care of their child, sometimes with the help of a third party, like a mediator. When they cannot agree, disputes may be particularly acrimonious and intractable, with NJDB v JEG providing a graphic illustration of disputes of this kind at their worst. How the law frames the criteria for decision-making in disputed cases is important, not only for those who litigate, but also by providing context for those “bargaining in the shadow of the law”

Journal
Edinburgh Law Review: Volume 22, Issue 1