Do family courts adopt a consistent approach to children’s autonomy? If not, should they?
Cason Yong, our second-six pupil barrister, has published an article in the Lexis Nexis Family Law Journal examining these important questions.
In the article, Cason critically analyses the inconsistencies in how courts approach children’s autonomy in decision-making and highlights the limitations within the current legal framework. He argues that, although landmark cases such as Gillick v West Norfolk recognised children’s autonomy, the way in which courts apply age, capacity, and welfare as measures of autonomy remains unclear and inconsistent, leading to unpredictable outcomes.
Cason makes the case for a clear and uniform judicial approach that ensures children’s wishes are considered in a transparent, principled, and consistent manner.
To read the full article and explore this important issue further, you can read or download the article below or visit Family Law Journal online.
