Best interest of the child standard Presented by Dr P M Duchen

Children’s Act provides a standard for the best interest of the child to be used in: Parental responsibility and rights agreements Parental responsibility and rights Court applications and orders Adoptions and Guardianship applications Termination, extension, suspension or restriction of parental responsibilities and rights Parenting Plans

Article 7. (1) defines 14 criteria as the best interest of child standard The following slides give an overview of the 14 criteria as described in the Children’s Act.

a) Nature of the relationship between The child and any other care-giver or person relevant in those circumstances The child and the parents or any specific parent

The nature of the relationships between children and parents or caregivers could be assessed according to various components Legal nature Historic nature Physical care Financial care Psychological nature

b) Attitude of the parents or any specific parent towards The child; and The exercise of parental responsibilities and rights in respect of a child

c) The capacity of the parent/s or any caregiver or person to provide for - The needs of the child, including Emotional needs Intellectual needs

d) Likely effect on child of a change in he child’s circumstances, and the likely effect on the child of separation Any brother or sister or other child, or any care-giver or person, with whom the child has been living From both or either parents; or

e) The practical difficulty and expense of child Having contact with the parents or any specific parent And whether that difficulty or expense will substantially affect the child’s right to maintain personal relations and direct contact with the parent/s on a regular basis

f) The need for the child To remain in the care of his/ her parent, family and extended family To maintain a connection with his or her family, extended family, culture or tradition

g)The child’s Age Maturity Developmental stage Gender Background Other relevant characteristics

h) The child’s Physical security Emotional security Intellectual development Social development Cultural development

i) Any disability that the child may have Understanding of the impact of the disability on the child and parent/s or care-giver

j) Any chronic illness that the child may suffer Understanding of the illness and the position of the child and parent/s or care-giver to deal with the situation

k) The need for the child to be brought up in A stable family environment and where this is not possible, An environment resembling as closely as possible a caring family environment

l) The need to protect the child from physical or psychological harm that may be caused by Maltreatment Abuse Neglect Exploitation Degradation or exposing the child to violence or exploitation or other harmful behavior Exposing the child to: Maltreatment Abuse Degradation Ill-treatment Violence Harmful behavior Towards another person

m) Any family violence Involving the child Or a family member of the child

n) Which action or decision would avoid or minimize Further legal or Administrative proceedings in relation to the child