What is the best interest of the child standard?
In the courts of law, private welfare and social welfare of a child, the best interests of the child are the primary considerations regarding all actions concerning children. All countries that are associated with international law and the United Nations Convention on the Rights of the Child, are held to account by this standard.
A recent case illustrates the above:
The ISIS Case
The government’s responsibility and right are well illustrated in a recent situation that occurred in England where they had to make decisions regarding the custody of a child which was in the best interests of the child. In Leicester UK a mother of three children decided to move to an ISIS-controlled region within Syria with her children. This was obviously made to pursue a lifestyle invested in religious ideology and warfare. She was arrested at the airport on suspicion of religious radicalisation and affiliation with ISIS which provided evidence of her interest in having her children grow up in the war-afflicted country and under ISIS law.
The court was approached by child custody services who appealed to the court and its judge that he come to a written agreement regarding the lives of the children, and what their futures entailed. The court ruled that it was in the best interests of the children to be removed from the custody of their mother, and placed in the care of their maternal grandparents. This woman now faces criminal charges as well as international charges for her affiliation with jihadists.
The Best Interest Of The Child
The airport security submitted the police protection order which was immediately enforced, the children placed into foster care and thereafter handed to their grandparents. ‘The best interests of the child’ precedent were upheld and this highlights the state’s right to ensure this law is implemented by the courts, as well as legal institutions, and that all should do everything in its power to enforce change in the best interests of the child.
If you are going through a Child Custody battle, you need to familiarise yourself with the law in South Africa and how the decisions regarding your child will be reached. Joselowitz & Andrews Attorneys, experienced child custody attorneys who assist parents and other parties in finding resolutions that are in the best interests of the children. We handle the legalities in order for our clients’ primary focus and energy to remain vested with their children. Together, we will do everything in our power to ensure that all issues involving children are resolved expeditiously, professionally and affordably.