High Court dismisses international custody battle
8 August 2012
Professor Patrick Parkinson, AM comments on the case of four young sisters at the centre of an international custody row who have failed in their bid to have the High Court intervene in the dispute.
According to a report by ABC News, the girls' lawyer argued that the Family Court denied procedural justice when it failed to appoint legal representation for the girls before it determined they return to their father in Italy.
Professor Parkinson says the High Court bid was never likely to succeed.
"Even defendants in criminal trials don't have an absolute right to legal representation at the tax payers' expense. And certainly in civil cases they don't," he says.
"So to say that children have a constitutional entitlement to be represented independently of their parents did seem to me to be a very tough argument to try to run."
Further coverage:International custody battle explained - ABC Breakfast (Video Available)
Contact: Greg Sherington
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