There is a growing body of international literature about birth parents' negative experience of child protection services. This article reviews some of this literature and adds recent Australian materials to it. It is then argued that the over-reliance on "the best interest of the child" construct is the base from which these negative experiences emanate. The argument is that in adopting this construct parents' rights have been removed in favor of children's rights. This violates parents' human rights. Such an approach lacks balance, as human rights are inalienable and cannot be the exclusive property of only one party. (Published Abstract)