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Appears in Collections:Law and Philosophy Journal Articles
Peer Review Status: Refereed
Title: The Welfare Test: Determining the Indeterminate (Forthcoming)
Authors: Sutherland, Elaine E
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Citation: Sutherland EE (2017) The Welfare Test: Determining the Indeterminate (Forthcoming), Edinburgh Law Review.
Abstract: First paragraph: Many parting or never-together parents reach agreement on the future arrangements for the care of their child, sometimes with the help of a third party, like a mediator. When they cannot agree, disputes may be particularly acrimonious and intractable, with NJDB v JEG providing a graphic illustration of disputes of this kind at their worst. How the law frames the criteria for decision-making in disputed cases is important, not only for those who litigate, but also by providing context for those “bargaining in the shadow of the law”
Rights: This is an Author’s Accepted Manuscript of an article published by Edinburgh University Press in Edinburgh Law Review . The Version of Record will be available online at:

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