Parenthood Is a Fiduciary Relationship

Smith, Lionel

doi:10.2139/ssrn.3007812

Cited by 2 publications

(9 citation statements)

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“…[7] Therefore, the parent-child relationship can be observed as a relationship where the law entrusted the parents with powers to make the decisions for the benefit of the child as the child at varying points of his development does not have the factual competencies required to hold a power to enforce the claims regarding the enforcement of his rights. [8], [9], [10] Instead, the temporarily powerless child can enforce his claims only if someone else will enforce it on his behalf. [8] It means that the power to enforce or waive claims lies outside the child as the claim-holder, with the state, a designated institution or an individual.…”

Section: The Nature Of the Parent-child Relationshipmentioning

confidence: 99%

“…Those legal powers are traditionally referred to as parental rights. [9] Parental rights are considered to be the legal prerogatives that only parents have in regards to their child. On the ground of parental rights, the parents can decide where their child lives, what school he goes to, what religion he will be brought up in, and even what medical interventions can be taken in order to preserve his health.…”

Section: The Nature Of the Parent-child Relationshipmentioning

confidence: 99%

“…On the ground of parental rights, the parents can decide where their child lives, what school he goes to, what religion he will be brought up in, and even what medical interventions can be taken in order to preserve his health. [9] However, the parents do not have rights over their child nor the child could be the resource that belongs to the parents.…”

Section: The Nature Of the Parent-child Relationshipmentioning

confidence: 99%

“…On the other hand, if the parents are making the decisions that are not perceived to be in the best interests of the child, the parental decisions will be set aside, as in general fiduciary law. [9] This means that parents cannot act contrary to the general law, whatever they may think is in the child's best interests. In Hohfeldian terms, the parents have duties that must be carried out for the benefit of the child.…”

Section: The Nature Of the Parent-child Relationshipmentioning

confidence: 99%

“…Like fiduciaries generally, the parents are obliged to meet an objective standard of care. [9] For example, if the child is ill and the parents decide to treat him with natural remedies, the parents are actually failing to provide the necessities of life to their child. Moreover, they are breaching the duty to care about the child's interests with reasonable diligence and loyalty as they are placing their personal interests to treat a child with natural remedy above child's interests to be treated with the available achievements of the modern medicine.…”

Section: The Nature Of the Parent-child Relationshipmentioning

confidence: 99%

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The Nature of Parental Autonomy and Justification of Its Limitation in Case of Immediate Medical Intervention

Preložnjak

2019

SSA

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In ideal circumstances, parents are the most devoted advocates for their children.They have first-hand information about their children and care passionately about their welfare. Therefore, the law recognizes parents as guardians of children's welfare and gives them substantial autonomy in making the decision for their children. Sometimes the actions of well-meaning parents, as in the case of the immediate medical intervention, could be a subject of testing limits of parental autonomy. It is especially noticeable when parental decisions represent a risk for child well-being, and the state has to intervene in order to protect it. However, the decision whether the state intervention into the parent-child relationship is legitimate is quite difficult since it is necessary to take into account a specific legal character of the parent-child relationship and balance between the parental autonomy and the best interest of the child. With an aim to evaluate the legitimacy of limiting parental autonomy in case of immediate medical intervention, the author will analyse the extent to which parental autonomy should be free of coercive intrusion of the state.Keywords: parental autonomy, the best interest of the child, harm standard, fiduciary character of the parent-child relationship SWS INTERNATIONAL SOCIETY SWS Journal of Social Sciences and Art -47 -

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Section: The Nature Of the Parent-child Relationshipmentioning

confidence: 99%

Section: The Nature Of the Parent-child Relationshipmentioning

confidence: 99%

Section: The Nature Of the Parent-child Relationshipmentioning

confidence: 99%

Section: The Nature Of the Parent-child Relationshipmentioning

confidence: 99%

Section: The Nature Of the Parent-child Relationshipmentioning

confidence: 99%

See 3 more Smart Citations

The Nature of Parental Autonomy and Justification of Its Limitation in Case of Immediate Medical Intervention

Preložnjak

2019

SSA

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Credit Advisers, Consumer Credit and Equitable Fiduciary Obligations

Degeling¹,

Hudson²

2019

Federal Law Review

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Consumers use financial intermediaries such as brokers and other credit advisers to navigate complex financial markets and to provide guidance on credit products. In 2017 ASIC reported that ‘[b]rokers … are responsible for arranging … half of all home loans in Australia’ (Australian Securities & Investments Commission, Report 516: Review of Mortgage Broker Remuneration (2017) 8 [18]). The National Consumer Credit Protection Act 2009 (Cth) (‘Credit Regime’) regulates the conduct of such advisers including requiring disclosure of fees and some commissions. The Credit Regime also permits conflicts between the interest of the adviser and the client, provided that the adviser has in place ‘adequate arrangements to ensure … [that the client is] … not disadvantaged by any conflict of interest’ and that the conflict does not breach the adviser’s obligation to act ‘efficiently, honestly and fairly’. This article demonstrates that equitable fiduciary obligations also operate to regulate the conduct of the adviser in his or her dealings with the client. Such conflict and other conduct may breach any equitable fiduciary obligation thus exposing the adviser to equitable remedies. Equitable fiduciary obligations may thus be an as yet under-exploited avenue of protection for consumers and a concomitant zone of compliance risk for those subject to the Credit Regime.

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Parenthood Is a Fiduciary Relationship

Cited by 2 publications

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The Nature of Parental Autonomy and Justification of Its Limitation in Case of Immediate Medical Intervention

The Nature of Parental Autonomy and Justification of Its Limitation in Case of Immediate Medical Intervention

Credit Advisers, Consumer Credit and Equitable Fiduciary Obligations

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