Mature minors and parenting disputes in Australia : engaging with the debate on best interests v autonomy.

Though children's decision-making capacity is often discussed in medical cases, there has been little attention to it in family law disputes in Australia. This article looks at the current law and traces their historical development - arriving at an alternative interpretation to that often seen in family courts. It examines the jurisdiction of Australian family courts to determine a matter when a child is competent, the extent to which the courts are entitled to ignore a child's competency based on their best interests, the extent to which a court should - but does not - consider a child's competency and why, and the arguments for and against overriding competency where there is a discretion. Failing to recognise the decision-making autonomy of mature, competent minors in parenting matters is a significant violation of children's rights, and recognising their competency has the potential to fundamentally shift the way Australian family courts engage with disputes involving children.