THE BEST INTERESTS OF THE CHILD PRINCIPLE IN CUSTODY DISPUTES

Abstract

The principle of the best interests of the child has been adopted by many countries as a foundation of child custody and guardianship proceedings in most countries around the world where the welfare of a child is the most important factor in the decision of cases in family courts. This paper studies the legal background and the international and comparative view of the principle with attention paid to the child rights, guardianship, and family court practice. We consider the development of the best interest standard in domestic and international law, its major literature and case law, that have influenced its interpretation. The statutes, case precedents, and scholarly critiques of different jurisdictions are analyzed with the help of a doctrinal methodology. The results demonstrate that the principle of the best-interests is universally proclaimed codified in documents such as the UN Convention on the Rights of the Child and integrated into national legislation, but its interpretation is rather open-ended and left at the discretion of a judge. Comparative law Comparisons between jurisdictions reveal how jurisdictions have evolved principles (such as statutory checklists and case law principles) to organize best-interests assessments, and how courts strike a balance between this child-centered principle and parental rights and cultural values. The article talks about the struggles like subjectivity, the possibility of biasness and the conflict between universal principles and local norms. We in turn suggest proposals to improve the uniform and child-centered use of the best-interests principle with more specific legislative standards, greater judicial education, child involvement procedures, and inter jurisdictional education all towards the goal of ensuring that the results of custody and guardianship practice actually lead to the comprehensive welfare of the child. The conclusion restates the long-standing relevance of the best-interests principle, but calls on the continued development and upkeep as children rights protection tools in custody proceedings.