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Report No. 83

1.10. Clash of interests between parent and child.-

The possible opposition of interests between parents and child is now regarded as almost commonplace in domestic relations law and juvenile law. It is illustrated by proceedings for paternity and child support, parental neglect and abuse, brought against the parents for the welfare of the child. In fact, a separate counsel for the child has been regarded as necessary1-2 in some countries.3

1. Cf. Matter of Gault, (1963) 387 US 1 (27, 34-42).

2. Nanette Dembitz The Good of the Child v. The Rights of the Parent, (1961) Vol. 86, Pol. Science Quarterly, 389, 395.

3. See also para. 1.15, infra.

The Guardians and Wards Act, 1890 and Certain Provisions of the Hindu Minority and Guardianship Act, 1956 Back

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