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Bettering the Best Interests of the Child Determination: Of Checklists and Balancing Exercises

Bettering the Best Interests of the Child Determination: Of Checklists and Balancing Exercises The paper compares European Court of Human Rights (ECtHR) and uk court judgments on cross-border nationality cases concerning children and wholly domestic family law cases regarding children (without the cross-border element). It identifies different legal standards that apply to the well-being of children such as the best interests principle and the welfare principle and maps how successful these standards are in bringing in the views of children. It appears that cross-border nationality cases are unable to consider the interests of children as seriously as the wholly domestic family law cases. The domestic court approach of welfare brings in children’s views more effectively than nationality cases in domestic courts or at the ECtHR. It would benefit children if a rigorous best interests determination is carried out in nationality proceedings and a welfare approach is adopted consistent with family law cases. http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png The International Journal of Children's Rights Brill

Bettering the Best Interests of the Child Determination: Of Checklists and Balancing Exercises

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Publisher
Brill
Copyright
Copyright © Koninklijke Brill NV, Leiden, The Netherlands
ISSN
0927-5568
eISSN
1571-8182
DOI
10.1163/15718182-02503008
Publisher site
See Article on Publisher Site

Abstract

The paper compares European Court of Human Rights (ECtHR) and uk court judgments on cross-border nationality cases concerning children and wholly domestic family law cases regarding children (without the cross-border element). It identifies different legal standards that apply to the well-being of children such as the best interests principle and the welfare principle and maps how successful these standards are in bringing in the views of children. It appears that cross-border nationality cases are unable to consider the interests of children as seriously as the wholly domestic family law cases. The domestic court approach of welfare brings in children’s views more effectively than nationality cases in domestic courts or at the ECtHR. It would benefit children if a rigorous best interests determination is carried out in nationality proceedings and a welfare approach is adopted consistent with family law cases.

Journal

The International Journal of Children's Rights – Brill

Published: Nov 17, 2017

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