The Transexual Or Transgendered Child: Can A Family Court Get It Right?

Abstract

In Australia a Family Court order is required where a child seeks gender reassignment treatment. This has given rise to a body of judicial decisions in relation to the transsexual or transgendered child that have canvassed the role of parents, the capacity of children and ultimately the authority of the court to apply the best interests of the child principle to determine the matter. What is of interest is the lack of critical commentary from within the legal academy in relation to this area of family law. It seems to have been assumed that the courts have the capacity to work out what constitutes the best interests of the child in such matters and that this is simply a matter of evidence.