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IRRECONCILABLE DIFFERENCES
Author(s) -
Neild Patricia
Publication year - 1995
Publication title -
family court review
Language(s) - English
Resource type - Journals
SCImago Journal Rank - 0.171
H-Index - 4
eISSN - 1744-1617
pISSN - 1531-2445
DOI - 10.1111/j.174-1617.1995.tb00376.x
Subject(s) - legislation , autonomy , intervention (counseling) , legislature , law , political science , welfare , child custody , psychology , psychiatry
This article will examine several of the more difficult issues raised by the Freeman case, including the potential conflict between a parent's rights and a child's rights, the concern over legislative intervention in family autonomy, and the obvious struggle the courts are having in making consistent decisions in this area. The focus will be on Canadian child welfare legislation, with particular emphasis on the Nova Scotia legislation, as it relates to the refusal to consent to the medical treatment of a child. Similarly, the case law considered will also be primarily Canadian. The article will concentrate on situations in which the withholding of medical treatment would threaten the life of a child and will discuss the withholding of treatment as it relates to an unborn child, a mentally and/or physically challenged child, and a normal child.