Define: Best Interests (Of The Child)

“Best interests of the child” is a legal principle that prioritises the well-being, safety, and happiness of a child when making decisions that affect their lives. This principle is commonly applied in family law, particularly in matters of child custody, visitation, and guardianship. When determining what is in the best interests of the child, courts consider various factors such as the child’s physical and emotional needs, their relationship with each parent, any history of abuse or neglect, the stability of each parent’s home environment, and the child’s preferences if they are mature enough to express them. The goal of prioritising the best interests of the child is to ensure that decisions regarding their care and upbringing are made with their welfare as the paramount consideration, promoting their healthy development and overall well-being.

The test that courts use when deciding who will take care of a child.

For instance, an adoption is allowed only when a court declares it to be in the best interests of the child. Similarly, when asked to decide on custody issues in a divorce case, the judge will base his or her decision on the child’s best interests. And the same test is used when judges decide whether a child should be removed from a parent’s home because of neglect or abuse. Factors considered by the court in deciding the best interests of a child include: age and sex of the child mental and physical health of the child mental and physical health of the parent’s lifestyle and other social factors of the parent’s emotional ties between the parents and the child ability of the parents to provide the child with food, shelter, clothing and medical care established living pattern for the child concerning school, home, community and religious institution quality of schooling, and the child’s preference.

This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.

This glossary post was last updated: 29th March, 2024.