scholarly journals Consent to Treatment for Transgender and Intersex Children

2004 ◽  
Vol 9 (2) ◽  
pp. 376-397 ◽  
Author(s):  
Kate Parlett ◽  
Kylie-Maree Weston-Scheuber
Keyword(s):  
Hormonal Treatment ◽  
Family Court ◽  
High Court ◽  
Gender Reassignment ◽  
The Family ◽  
Consent To Treatment ◽  
Congenital Condition ◽  
The Subject ◽  
Consent To Medical Treatment ◽  
A Minor

More than a decade has passed since the landmark High Court decision in Marion’s Case,1 where the Court authorised the sterilisation of a young woman who suffered from a disability. Recently, the principles established in that case were applied by the Family Court in a different context – for the provision of hormonal treatment for a 13 year old child,2 some aspects of which are irreversible. Previously, the Family Court had authorised gender reassignment surgery for a child suffering from a physical, congenital condition,3 but notably in Re Alex, the subject child suffered no identified physical condition indicating treatment, but from an identified psychological condition, gender identity dysphoria. This article considers the issues raised by recent applications of the principles relating to the capacity of children to consent to medical treatment, including the decision in Re Alex and the application of those principles to transgender and intersex children. While not all children or adults who identify as transgender or intersex choose the long and difficult path of gender reassignment, some will choose surgical gender reassignment or hormonal treatment at some stage of their lives. In cases where it is proposed that a minor undergo such treatment, the application of the principles of child consent poses particular difficulties.

Custody Jurisdiction in the Family Court

1981 ◽  
Vol 12 (4) ◽  
pp. 281-307
Author(s):  
Owen Jessep ◽  
Richard Chisholm*
Keyword(s):  
Family Law ◽  
State Courts ◽  
Family Court ◽  
High Court ◽  
The Family ◽  
Difference Of Opinion ◽  
Considerable Confusion

Considerable confusion and difference of opinion exists as to the precise boundaries of jurisdiction in custody matters between Federal and State courts. This Article examines the main cases in which the scope of the Family Court's custody jurisdiction has been in issue, and reviews suggestions made to remedy the problems resulting from the division of jurisdiction. The authors argue for an interpretation of the relevant provisions of the Family Law Act 1975 (Cth) which is consistent with the trend of High Court authority as to the scope of the marriage power (section 51(xxi) of the Constitution), and which would remove much of the uncertainty concerning the Family Court's jurisdiction.

scholarly journals (Nie)skuteczność instytucjonalnego wsparcia udzielanego osobom wykolejającym się w trajektorii ich przestępczej kariery

2018 ◽  
pp. 83-97
Author(s):  
Monika Noszczyk-Bernasiewicz
Keyword(s):  
Juvenile Offenders ◽  
Qualitative Analysis ◽  
Parental Care ◽  
Correctional Facility ◽  
Family Court ◽  
State Institutions ◽  
Educational Facility ◽  
The Family ◽  
Remedial Actions ◽  
A Minor

The article contains an in-depth qualitative analysis of 60 biographies of juvenile offenders in terms of the institutional (in)effectiveness of counteracting crime in the period before being placed in a closed facility. The analysis of the data shows that placement in a correctional facility is preceded by the application of many educational measures from supervision order to the decision to place a minor in an educational facility. Based on the collected data, it is possible to find a bad way of exercising parental care over the delinquents, and especially the ineffectiveness of the reactions undertaken by state institutions - remedial actions – including the family court.

Family, Courts and Media Discourses: The Contested Spaces of Time, and the Politics of the Protection of Children

2012 ◽  
Vol 37 (4) ◽  
pp. 142-150 ◽  
Author(s):  
Pamela D. Schulz
Keyword(s):  
Child Protection ◽  
Family Court ◽  
Contested Spaces ◽  
Family Courts ◽  
The Family ◽  
The Media ◽  
The Subject ◽  
Media Discourse Analysis ◽  
Media Discourses ◽  
Insight Into

This article, which is built on media discourse analysis, provides an insight into how public opinion on the work of courts has developed into a discourse of disapproval. The discourse of time is often used to evaluate the work of courts and tends to meet with disapproval when related to sentencing and when the Family Court fails to deliver equal parental access to children. The Family Court is also the subject of discourses of fear within the media, with stories often focusing on child abuse and horror stories of neglect designed to attract and recruit an audience to media outlets. In addition, the discourses facing the Family Court are now firmly tied to time as a major aspect of decision-making. Because of this contested view, child protection may be reduced to a secondary perspective. This paper recommends a change to discourses surrounding courts by all parties in order to facilitate better understanding.

scholarly journals Family Law, Involuntarily Separated Couples and their Property

2018 ◽  
Vol 33 (2) ◽  
Author(s):  
Robyn Carroll
Keyword(s):  
Cognitive Decline ◽  
Family Law ◽  
Third Parties ◽  
Family Court ◽  
High Court ◽  
Financial Decisions ◽  
The Family ◽  
Legal Position ◽  
High Court Of Australia

This article considers the implications for parties to a marriage and their property when they are forced to separate as a result of ill health. This has particular relevance for elderly Australians who experience declining health accompanied by cognitive decline and loss of decisionmaking capacity. The potential for the property interests of the couples in these circumstances, to be altered by family law proceedings, has been confirmed by the High Court of Australia in Stanford v Stanford. The door to the Family Court is open for financial proceedings to be brought on behalf of a party to a marriage who no longer has the capacity to make financial decisions for him or herself and who has financial needs that cannot be met from their own property. The article examines the legal position of couples when third parties are contemplating the commencement of proceedings in the Family Court for financial orders.

scholarly journals Edward Angle (1855 to 1930) ... the father of modern Orthodontics

2020 ◽  
Vol 75 (7) ◽  
pp. 349
Author(s):  
South African Dental Association
Keyword(s):  
Minor Component ◽  
The State ◽  
Educational Facilities ◽  
Dental Surgery ◽  
Family Tradition ◽  
The Family ◽  
The Subject ◽  
A Minor ◽  
Considerable Complexity

A man of considerable complexity, Edward Angle combined a fierce determination to achieve perfection with an uncompromising demand that all those around him should also be imbued with the same commitment. It was a combination that enabled Angle to become an icon in Dentistry, for he is widely regarded as the father of modern Orthodontics and his concepts and appliances still provide the foundation for much of the discipline today. He was born in Herrick, Pennsylvania on June 1st 1855. Abandoning the option to continue the family tradition of farming, the young Angle apprenticed himself to a dentist, then enrolled as a student in the Pennsylvania College of Dental Surgery. He developed an abiding interest in the challenges of malocclusion and became known for his innovative views on corrective treatment. Appointed as teacher in Orthodontics at St Louis and Washington Universities where the subject was a minor component of the Department of Prosthetics, he became convinced that the discipline warranted separate educational facilities. That became a lifelong objective and indeed resulted in the first institution devoted exclusively to the teaching of Orthodontics... recognised by the State of California in 1924 and designated as The Edward H Angle College of Orthodontia.

scholarly journals An Inheritance Code for New Zealand

2021 ◽  
Author(s):  
◽  
Gregory Francis Kelly
Keyword(s):  
Ad Hoc ◽  
Family Court ◽  
Judicial Decision ◽  
Judicial Decision Making ◽  
High Court ◽  
The Family ◽  
Avoidance Measures ◽  
Minor Children ◽  
Inheritance Laws

<p>In this thesis I review New Zealand's present inheritance laws which are characterised by: 20 disparate statutes stretching back 100 years; a lack of clear and consistent policies; a failure to adapt to fundamental changes in life expectancy, re-partnering and family groupings that have taken place over the last 40 years; inconsistent judicial decision-making; dual jurisdiction of the Family Court and High Court; mechanisms to avoid the consequences of the current legislation. Calls for urgent and fundamental reform have been met by piecemeal ad hoc changes. In contrast, reform in Australia has been systematic and carefully analysed. After considering the two common inheritance regimes around the world (the fixed rule scheme and the court-based discretionary system), I reach two fundamental conclusions: adoption of an inheritance code; recognition of the principle of testamentary freedom. In addition I recommend a number of changes to New Zealand's inheritance laws, and in particular: acceptance of the primacy of the position of a surviving spouse or partner; replacement of the current family protection and testamentary promises claims with support and contribution claims; restriction of estate claims to spouses, partners and minor children; recognition of the rights of "accepted children" (stepchildren and whangai); clarification of the ability to compromise and contract out of claims; empowering one court to administer all inheritance laws; anti-avoidance measures; equating the rights of spouses, civil union partners and long term de facto partners on separation. I conclude this thesis with a skeleton of the proposed inheritance code including drafts of some of the key provisions.</p>

6. The Structure of the Courts

2019 ◽  
pp. 201-224
Author(s):  
Alisdair A. Gillespie ◽  
Siobhan Weare
Keyword(s):  
Supreme Court ◽  
Family Court ◽  
Privy Council ◽  
England And Wales ◽  
High Court ◽  
The Supreme Court ◽  
The Family ◽  
Family Division

This chapter discusses the organization of the modern court structure and what each court does. The courts in England and Wales (ie excluding the Supreme Court which is a UK court) are administered by a single agency, HM Courts and Tribunal Service. The courts of original jurisdiction (ie which hear trials of first instance) are ordinarily the magistrates’ court, county court, Crown Court, and High Court although they have now been joined by the Family Court. The Crown Court and High Court have both an original and appellate jurisdiction. The High Court is divided into three divisions (Queen’s Bench Division, Chancery Division, and Family Division) and when two or more judges sit together in the High Court it is known as a Divisional Court. The chapter also briefly describes the Judicial Committee of the Privy Council, Court of Protection, and Coroner’s Courts.

6. The Structure of the Courts

2017 ◽  
Author(s):  
Alisdair Gillespie ◽  
Siobhan Weare
Keyword(s):  
Supreme Court ◽  
Family Court ◽  
Privy Council ◽  
England And Wales ◽  
High Court ◽  
The Supreme Court ◽  
The Family ◽  
Family Division

This chapter discusses the organization of the modern court structure and what each court does. The courts in England and Wales (i.e. excluding the Supreme Court which is a UK court) are administered by a single agency, HM Courts and Tribunal Service. The courts of original jurisdiction (i.e. which hear trials of first instance) are ordinarily the magistrates’ court, county court, Crown Court, and High Court although they have now been joined by the Family Court. The Crown Court and High Court have both an original and appellate jurisdiction. The High Court is divided into three divisions (Queen’s Bench Division, Chancery Division, and Family Division) and when two or more judges sit together in the High Court it is known as a Divisional Court. The chapter also briefly describes the Judicial Committee of the Privy Council, Court of Protection, and Coroners’ Courts.

Principles of foster care as the basics for the functioning of its system. Catalog, characteristics and meaning

2020 ◽  
Vol 591 (6) ◽  
pp. 12-24
Author(s):  
Beata Krajewska
Keyword(s):  
Foster Care ◽  
Institutional Care ◽  
Court Decision ◽  
Place Of Residence ◽  
The Family ◽  
Welfare Of The Child ◽  
The Subject ◽  
The Right ◽  
A Minor

The subject of investigation in this study has been made the principles of foster care with the necessary and concise presentation of the assumptions and solutions of foster care as such. The principles of foster care have been collected and described, which constitute a kind of catalog necessary to include in practice foster care to the fullest extent possible. These are the following principles: the welfare of the child and the family covered by foster care, subsidiarity of foster care, temporary foster care, priority of foster care over institutional care, the use of foster care on the basis of a court decision, hearing a child placed in foster care, placing a child in foster care as close as possible to his current place of residence, the right of a child in foster care to contacts with parents and other relatives, not separating siblings in foster care, not separating a minor mother in foster care and her child.

scholarly journals An Inheritance Code for New Zealand

2021 ◽  
Author(s):  
◽  
Gregory Francis Kelly
Keyword(s):  
Ad Hoc ◽  
Family Court ◽  
Judicial Decision ◽  
Judicial Decision Making ◽  
High Court ◽  
The Family ◽  
Avoidance Measures ◽  
Minor Children ◽  
Inheritance Laws

<p>In this thesis I review New Zealand's present inheritance laws which are characterised by: 20 disparate statutes stretching back 100 years; a lack of clear and consistent policies; a failure to adapt to fundamental changes in life expectancy, re-partnering and family groupings that have taken place over the last 40 years; inconsistent judicial decision-making; dual jurisdiction of the Family Court and High Court; mechanisms to avoid the consequences of the current legislation. Calls for urgent and fundamental reform have been met by piecemeal ad hoc changes. In contrast, reform in Australia has been systematic and carefully analysed. After considering the two common inheritance regimes around the world (the fixed rule scheme and the court-based discretionary system), I reach two fundamental conclusions: adoption of an inheritance code; recognition of the principle of testamentary freedom. In addition I recommend a number of changes to New Zealand's inheritance laws, and in particular: acceptance of the primacy of the position of a surviving spouse or partner; replacement of the current family protection and testamentary promises claims with support and contribution claims; restriction of estate claims to spouses, partners and minor children; recognition of the rights of "accepted children" (stepchildren and whangai); clarification of the ability to compromise and contract out of claims; empowering one court to administer all inheritance laws; anti-avoidance measures; equating the rights of spouses, civil union partners and long term de facto partners on separation. I conclude this thesis with a skeleton of the proposed inheritance code including drafts of some of the key provisions.</p>

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