Best Interests of Child in UK Law
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MK (Best Interests of Child) India
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There is in our view a fourth point of principle that can be inferred from the Supreme Court's judgments in ZH (Tanzania). As the use by Baroness Hale and Lord Hope of the adjective “overall” makes clear, the consideration of the best interests of the child involves a weighing up of various factors.
If, at the other extreme, all the factors of relevance to the best interests of the child consideration (save for the child's and/or parent(s) own claim that they want to remain) point overwhelmingly to the child's interests being best served by him returning with his parent(s) to his country of origin (or to one of his parents being expelled leaving him to remain living here), then very little by way of countervailing considerations to do with immigration control etc. may be necessary in order for the conclusion to be drawn that the decision appealed against was and is proportionate.
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D v East Berkshire Community NHS Trust and Another
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A doctor is obliged to act in the best interests of his patient. The best interests of a child and his parent normally march hand-in-hand. But when considering whether something does not feel 'quite right', a doctor must be able to act single-mindedly in the interests of the child. He ought not to have at the back of his mind an awareness that if his doubts about intentional injury or sexual abuse prove unfounded he may be exposed to claims by a distressed parent.
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E-A (Article 8: Best Interests of Child: Nigeria)
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Absent other factors, the reason why a period of substantial residence as a child may become a weighty consideration in the balance of competing considerations is that in the course of such time roots are put down, personal identities are developed, friendships are formed and links are made with the community outside the family unit. The degree to which these elements of private life are forged and therefore the weight to be given to the passage of time will depend upon the facts in each case.
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LD (Article 8 - Best Interests of Child) Zimbabwe
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Family life consists of the inter-dependent bonds between spouses or stable partners and between parents and children with particular strength being placed upon the interests and welfare of minor children. It is not normal for family life to be enjoyed by correspondence and occasional visits (even assuming that there were no obstacles to such visits following this immigration decision).
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JW (China) and Another v Secretary of state for the Home Department
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The assessment of the best interests of the child will involve a consideration of several different factors, many of which were identified at paragraphs 29 and 30 of Lady Hale's judgment. It seems to me inevitable that, when the Tribunal comes to make the final assessment of proportionality, it will be appropriate to afford different weight to different factors depending upon the effect of removal of the individual upon them.
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Re N (A Minor)
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As it is now so well established in authority, I can summarise the jurisprudence very briefly for the purpose of the present case. In relation to each stage, recognition or enforcement is mandatory unless the ground or test for non-recognition or non-enforcement applies. The test is public policy not welfare as such, still less the paramountcy of welfare itself.
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Children and Families Act 2014
... ... making decisions about the adoption of a child) is amended as follows ... (2) In subsection ... person and to help him or her achieve the best possible educational and other outcomes ... authority is satisfied that—(i) the interests of the child or young person require special ... ...
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Care Act 2014
... ... with the assumption that the individual is best-placed to judge the individual's well-being;(b) ... or in the case of a carer, a carer of a child or a young carer, the partner or authority must ... assessment would be in the adult's best interests, or(b) the adult is experiencing, or is at risk ... ...
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Modern Slavery Act 2015
... ... circumstances (such as the person being a child, the person's family relationships, and any ... court thinks that it would be in the interests of justice for the applications to be heard ... child's well-being and act in the child's best interests ... (5) The advocate may (where ... ...
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Coronavirus Act 2020
... ... to the services;(b) services provided to a child under section 22(1) of the 1995 Act if, in ... tribunal is satisfied that it is in the interests of justice to do so.(5) In deciding whether to ... ...
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Making the best interests of the child a substantive human right at the centre of national level expulsion decisions
The best interests of the child has become an central facet of the jurisprudence of the European Court of Human Rights (ECtHR) in expulsion cases. This article argues that the indirect application ...
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Locking Up for the Best Interests of the Child — Some Preliminary Remarks on ‘Special Care’
The article studies the practice of one special form of closed accommodation: special care. The term suggests that this is a welfare-oriented response to norm-breaking behaviour of young people. Th...
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The ‘Best Interests of the Child’ and Parental Separation: on the ‘Civilizing of Parents’
The concept of the ‘best interests of the child’ is both pivotal in family law and yet essentially contested. This paper reflects on the concept's position within a number of longer‐term histories ...
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The best interests of the child in the case law of the Court of Justice of the European Union
The principle that ‘in all actions relating to children (…) the child's best interests must be a primary consideration’ (Article 24(2) EU Charter of Fundamental Rights) is widely applied by the Cou...
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Withdrawal of life support from child in his best interests (UK)
The mother of a 2-year old child who suffered grave injuries in a road traffic accident appealed against the court order obtained by the grandmother to withdraw all respiration and to treat the chi...
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Withdrawal of life support from child in his best interests (UK)
The mother of a 2-year old child who suffered grave injuries in a road traffic accident appealed against the court order obtained by the grandmother to withdraw all respiration and to treat the chi...
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Application for substitution of one adoption agency for another
Forms relating to adoption, including those to request adoption, placement and parental orders.... ... names of the child as shown from the ... order referred to in ... The transfer would be in the best interests of the child because ... A5 - w3 ... ...
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Application for revocation of a Placement Order (Section 24 Adoption and Children Act 2002)
Forms relating to adoption, including those to request adoption, placement and parental orders.... ... order to be revoked but, unless you are the child named ... in the order or the local authority ... placement order would be in the best interests of the child. If there is not enough ... ...
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Special Educational Needs and Disability Tribunal appeal a refusal to secure an EHC Needs Assessment
Special Educational Needs and Disability (SEND) Tribunal forms including the education, health and care (EHC) plan form to appeal against a decision.... ... Child or Young Person ... You should use this form to ... by an Alternative Person acting in the best interest of the young person. This will be any ... – making an appeal in the ‘best interests’ of a young person who does not have the Mental ... ...
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Form SEND35
Special Educational Needs and Disability (SEND) Tribunal forms including the education, health and care (EHC) plan form to appeal against a decision.... ... Application for appeal ... Child or young person ... Who can bring an appeal? ... by an Alternative Person, acting in the best interest of the young person. This will be any ... – making an appeal in the ‘best interests’ of a young person who does not have the Mental ... ...