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

2. 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

3. 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.

4. 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

5. 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

6. 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

7. 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

8. 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

9. 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

10. 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

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

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

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

14. 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

15. 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

16. 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

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

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