The ‘best interests of the child’ principle The child’s best interest is a constitutional right of every child. In all matters concerning a child, the best interests of the child is paramount. The Act provides a list of factors that have to be considered when determining a child’s best interests: the nature of the personal relationship between: the child and the parents, or a specific parent; and the child and any other caregiver or person relevant in the circumstances; the attitude of the parents, or a specific parent, towards: the child; an the exercising of parental responsibilities and rights; the capacity of the parents, or a specific parent, or any other caregiver or relevant person to provide for the needs of the child, including emotional and intellectual needs; the likely effect on the child of any change in his/her circumstances, including any separation from both or either of the parents; or any sibling or other child, caregiver or relevant person, with whom the child has been living; the practical difficulties and expense of the child having contact with either or both parents, and whether that difficulty or expense will substantially affect the child’s right to maintain personal relations and direct contact with either or both parents on a regular basis; the need of the child: to remain in the care of his/her parent(s), family and extended family; and to maintain a connection with his/her parent(s), family, extended family, culture or tradition; the child’s: age, maturity and stage of development; gender; background; an any other relevant characteristics; the child’s physical and emotional security, as well as his/her intellectual, emotional, social and cultural development; any disability the child may have; any chronic illness from which the child may suffer; the need for the child to be brought up within a stable family environment and, where this is not possible, in one resembling as closely as possible a caring family environment; the need to protect the child from any physical or psychological harm that may be caused by: subjecting the child to maltreatment, abuse, neglect, exploitation, degradation, violence or other harmful behaviour; or exposing the child to maltreatment, abuse, degradation, ill-treatment, violence or other harmful behaviour towards another person; any family violence involving the child or a family member; and the action or decision that will avoid or minimise legal or administrative proceedings involving the child. The Children’s Act also expressly includes the right of a child to participate in any decisions pertaining to him/her.
Posted on: Tue, 29 Oct 2013 17:42:33 +0000
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