The Best Interest of the Child: Is it always given paramount consideration?

The best interest of the child should be given paramount consideration at all times to ensure protection of children from all forms of abuse and neglect. Our concern is whether the best interest is always given paramount consideration by key service providers.

The UN Convention on the Rights of the Child provides that the best interests of the child will always be of paramount consideration when dealing matters affecting the child’s well-being
Factors that come to mind that can be taken into account in determining the best interests of the child include:
• the need to protect the child from harm;
• the capacity of the child’s parents or other person to care for and protect the child;
• the child’s spiritual, physical, emotional and educational needs;
• the child’s age, maturity, sex, background, and language;
• the child’s cultural, ethnic or religious identity;
• the likely effect on the child of any change in the child’s circumstances;
• the importance of stability and continuity in the child’s living arrangements and the likely effect on the child of any change in, or disruption of, those arrangements; and
• any wishes or views expressed by the child, having regard to the child’s age, maturity and level of understanding in determining the weight to be given to those wishes or views; or
• any other factor which will ensure the general well – being of the child.
• No discrimination against any child on the basis of sex, family, color, race, ethnicity, place of origin, language, religion, economic status, parents, physical or mental status, or any other status;
• Children including those who are most vulnerable to be exposed to the same challenges, activities and opportunities that promote their health and development as all other children.
• every child shall be cared for and protected from harm;
• the parents, family and community of a child have the primary responsibility of safeguarding and promoting the child’s well – being;
• every child shall have stable, secure and safe relationships and living arrangements;
• every child shall have the most appropriate form of care for his or her development .

Experience has shown that people who want custody of children are not always honest in dealing with the best interest of the child. Even social workers involved in such matters at times find themselves being swayed by the best interests of adults as opposed to those of children. For instance those who tell the truth in ambiguous areas like determination of custody and child abuse, are often hesitant in speech, while those who lie come across as very sure of what they are saying, and hence make a better impression upon many magistrate courts.

On many occasions, some dishonest persons who have their own best interests at heart in visitation rights and custody battles care only about what they want and not about what is in the best interest of the child. It is important for the social workers to guard against being swayed by these kind of people to the detriment of the very children that they want to protect.