A child’s best interests

The child’s best interests are primary factors that have to be considered in all situations which affect a child. The child’s best interests may override the interests of the parents and other persons depending on their nature and seriousness.

Content of the child’s best interests

The child’s best interests are primary factors that have to be considered in all situations which affect a child. It is a broad term which encompasses the well-being of the child and his/her interests in developing in a safe, stable and secure environment that does not harm him/her.

The child’s best interests will depend on a variety of individual circumstances, such as the child’s age and level of maturity, his/her ascertained wishes, the presence or absence of the child’s parents and the child’s environment and previous experiences.

Most common situations

The child’s best interests have to be taken into account in every decision affecting him/her. A child also has the right to be heard in court in order for his/her opinion to be considered. The competent authorities and courts will evaluate each situation individually, and carefully assess the interests of all persons involved, such as the child, the parents, the foster parents and guardians. However, the child’s best interests must be the primary concern of authorities.

The most common situations where the child’s best interests play a crucial role are:

Human Rights Guide

A European platform for human rights education