Who is a parent and why does it matter?
This article first examines the possible distinction drawn between parents and non-parents when it comes to assessing a child's best interests under s 60CC of the Family Law Act 1975. The decision of the Full Court in Burton v Churchin suggets that parents and non-parents must be treated differently in decision about parenting. Second, the article discusses who may be considered to be a parent under the Family Law Act and under the Child Support (Assessment) Act 1989, and the problematic disjuncture between legal, social and biological parenthood.
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