Best Interests of the Child

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BEST INTERESTS OF THE CHILD

This is a legal concept that has been adhered to by the courts when it comes to matters that involve minors such as custody, access, or guardianship. The Courts in determining matters pertaining to children are guided by the principle of the best interests of the minor child. The Constitution provides;

Section 19: Children

  • The State  must  adopt  policies  and  measures  to  ensure  that  in  matters  relating  to children, the best interests of the children concerned are paramount.

Section 81: Rights of children

  • A child’s best interests are paramount in every matter concerning the chil

BEST INTERESTS OF THE CHILD ENTAILS

Some of the factors considered by the Courts are:

  1. The relationship between the parent and the child paying attention to the level of emotional attachment and compatibility (love and affection between child and parent).
  2. The parent’s capacity for interaction with the child, as well as their awareness of, sensitivity to, and comprehension of the child’s feelings.
  3. The parent’s character, physical condition, and mental health condition.
  4. The capabilities, character and temperament of the parent and the impact thereof on the child’s needs and desires.
  5. The stability, or lack thereof, of the child’s present surroundings in light of the merits of upholding the status quo.
  6. The gender and age of the child/ren.
  7. The merits or lack thereof of keeping siblings together.
  8. The parent’s ability to give the child guidance as and when such is needed.
  9. The parent’s ability to provide for and take care of the child/ren.
  10. The ability of the parent to provide for the child’s emotional, psychological, cultural and environmental development.
  11. The child’s preference (parental preference), if the court is satisfied that in the particular circumstances the child’s preference should be taken into consideration.

These factors above are not exhaustive and were listed to give the reader some insight into what the Courts take into consideration when making their determinations.

This article is for general information purposes. Seek legal advice from a Lawyer.

 

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