Children’s right to decisional privacy in Australian family law

Abstract

This thesis develops a theory of children’s decisional privacy in the context of Australian family law. Decisional privacy gives individuals the freedom to act and to make decisions about how they live their lives, without unjustifiable interference from other individuals or the state. Difficulties persist in recognising and respecting children as capable of enjoying decisional privacy rights. These difficulties emanate from the dominant conception of children in Western liberal societies as vulnerable, dependent on adults, and incapable of rational decision-making. Adopting a children’s rights approach, this thesis argues that the Family Court of Australia, through the exercise of its welfa..