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

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Presentation on theme: "Best interest of the child standard Presented by Dr P M Duchen."— Presentation transcript:

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 the parents or any specific parent The child and any other care-giver or person relevant in those circumstances

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; andThe 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 From both or either parents; or Any brother or sister or other child, or any care-giver or person, with whom the child has been living

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 AgeMaturityDevelopmental stage GenderBackgroundOther 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


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