The Welfare Test: Determining the Indeterminate

Abstract

First paragraph: Many parting or never-together parents reach agreement on the future arrangements for the care of their child, sometimes with the help of a third party, like a mediator. When they cannot agree, disputes may be particularly acrimonious and intractable, with NJDB v JEG providing a graphic illustration of disputes of this kind at their worst. How the law frames the criteria for decision-making in disputed cases is important, not only for those who litigate, but also by providing context for those “bargaining in the shadow of the law”