Premium
IN THE BEST INTERESTS OF CHILDREN
Author(s) -
Firestone Gregory,
Weinstein Janet
Publication year - 2004
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.174-1617.2004.tb00644.x
Subject(s) - adversarial system , best interests , minor (academic) , dispute resolution , family law , political science , law , resolution (logic) , family court , best practice , alternative dispute resolution , law and economics , psychology , sociology , computer science , artificial intelligence
In the traditional family law and child protection litigation where the court is asked to make determinations based on the best interests of a minor, the adversarial, rights‐based model often fails to serve the interests of children and families and may be more harmful than beneficial to children relative to other possible methods of dispute resolution. This article examines the shortcomings of such an adversarial, rights‐based model; briefly highlights the literature on dispute resolution systems design; and then proposes a new approach to better serve the interests of children in family law and child protection cases.