Best Interests of Child in UK Law

Leading Cases
  • MK (Best Interests of Child) India
    • Upper Tribunal (Immigration and Asylum Chamber)
    • 30 Nov 2011

    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.

  • E-A (Article 8: Best Interests of Child: Nigeria)
    • Upper Tribunal (Immigration and Asylum Chamber)
    • 22 Jul 2011

    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.

  • D v East Berkshire Community NHS Trust and Another
    • House of Lords
    • 21 Apr 2005

    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.

  • LD (Article 8 - Best Interests of Child) Zimbabwe
    • Upper Tribunal (Immigration and Asylum Chamber)
    • 02 Aug 2010

    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).

  • JW (China) and Another v Secretary of state for the Home Department
    • Court of Appeal (Civil Division)
    • 24 Oct 2013

    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.

  • The Queen (on the application of Sandia Behary) v Secretary of State for the Home Department
    • Queen's Bench Division (Administrative Court)
    • 20 Nov 2013

    The current Immigration Rules contain a number of examples but they do not support Mr Malik's submission. In other words, the Secretary of State's policies as set out in the Immigration Rules recognise the significance of a child living in the UK for seven years but do not regard that as a "trump card" requiring also that it would not be reasonable to expect the child to leave the UK. In itself, that latter requirement would entail a consideration of the child's "best interests".

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Legislation
  • Children's Hearings (Scotland) Act 2011
    • Scotland
    • January 01, 2011
    ...... must consider whether to appoint a person to safeguard the interests of the child to whom the children's hearing relates (a "safeguarder"). . ...(b) the Principal Reporter is satisfied that it is no longer in the best interests of the child for the order to continue to have effect. . (7) ......
  • Children and Young People (Scotland) Act 2014
    • Scotland
    • January 01, 2014
    ...... and to what extent a service provider has regard to the rights, interests and views of children and young people in making decisions or taking ...rovided in the way which-. . (i) best safeguards, supports and promotes the wellbeing of children in the area ......
  • Children Act 1989
    • UK Non-devolved
    • January 01, 1989
    ...... . S-41 . Representation of child and of his interests in certain proceedings. 41 Representation of child and of his interests ... . . (c) it appears to the court that it would be in the child's. best interests for him to be represented by a solicitor. . (5) Any solicitor ......
  • The Family Procedure Rules 2010
    • England & Wales
    • January 01, 2010
    ...... Act 1982(  3 ), sections 10 and 24 of the Child Abduction and Custody Act 1985(  4 ), section ... the circumstances including- (a) the interests of the administration of justice;(b) whether the ... attending the FDR appointment must use their best endeavours to reach agreement on matters in issue ......
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Books & Journal Articles
  • The ‘Best Interests of the Child’ and Parental Separation: on the ‘Civilizing of Parents’
    • Nbr. 68-1, January 2005
    • The Modern Law Review
    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 ...
  • Incomplete Citizens: Changing Images of Post‐Separation Children
    • Nbr. 67-6, November 2004
    • The Modern Law Review
    The image of the child as the victim of separation or divorce is well‐established in legal, socio‐legal and popular discourse. However, the authors argue, alongside this traditional image of the ch...
    ...... own welfare and is expected to make those choices that are assumedto best protect his or her best interests. In order to ensure thatthe child makes ......
  • Deciding best interests: general principles and the cases of Norway and the UK
    • Nbr. 5-4, December 2010
    • Journal of Children's Services
    • 43-54
    This article addresses the difficult matter of interpreting the best interest principle, and offers advice for those who must make laws, and those who make decisions within the constraints of those...
    ...... Journal of Children’s Ser vices • V olume 5 Issue 4 • Dece mber 2010 © P ier Professional Ltd 43 10.5042/jcs.2010.0695 Abstract This article addresses the ......
  • Best interests of students left behind?. Exploring the ethical and legal dimensions of United States Federal involvement in public school improvement
    • Nbr. 42-2, April 2004
    • Journal of Educational Administration
    • 249-269
    Analyzes the impact of recent policy developments in the USA associated with school accountability according to the best interests of the student. With the mandated implementation of the US federal...
    ......Torres Texas A&M University, College Station, Texas, USA Keywords Ethics, Children (age groups), Education Human rights (law), Leadership, United States of America Abstract Analyzes the impact of recent policy developments in the ......
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Law Firm Commentaries
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