Child custody, access and parental responsibility

Child custody and access law and policy remain among the most contentious areas of family law and family practice. A rights-based discourse dominates the field; the "best interests of the child" standard has historically reflected a struggle between mothers' and fathers' rights, with children's needs considered to be commensurate with either position. Children are viewed at different times as fathers' property, as requiring the "tender care" of mothers, and as rightfully "belonging" to one or the other parent.