The key document that serves as the basis for determining the best interests of the child is the UN Convention on the Rights of the Child. It enshrines the principle that the best interests of the child must be a primary International standards consideration in all actions or decisions. Article 3 of this document states that all authorities and courts must take the best interests of the child into account as a primary consideration.
In practice! this means that decisions about the child’s place of residence! the order of parental participation in his or her upbringing! as well as other issues! should be aimed at creating a safe! calm! and supportive environment for the child.
Principles taken into account by Ukrainian courts
The Supreme Court of Ukraine has! in its practice! identified industry email list several basic principles that courts International standards apply when resolving disputes concerning children. These include:
Preservation of the family environment. If both parents are suitable for raising the child! the court will try to preserve the child’s connection with both.
The views of the child. The court ascertains the digital strategy: how to make sure you fail and throw millions out the window views of the child! regardless of their age! taking into account their psychological and emotional state.
Protection and safety. Courts always pay special attention to ensuring that the environment in which the child will be placed is safe and stable.
The right to education and health. The Court takes into account the possibility of ensuring adequate access to education! health services and other necessary resources.
These principles seem obvious! but in practice each case is unique and requires an individual approach.
A child’s perspective: importance and challenges
One of the most discussed issues is the clarification of the child’s opinion. Many believe that taking the opinion into account is possible only after the child reaches a certain age. However! this is a wrong position. The UN aol email list Convention on the Rights of the Child expressly prohibits the establishment of age limits! and this position is also enshrined in the ECHR decision in the case of “YB and NS v. Belgium”.