Best interests

Best interests or best interests of the child is a child rights principle, which derives from Article 3 of the UN Convention on the Rights of the Child, which says that “in all actions concerning children, whether undertaken by public or private social welfare institutions, courts of law, administrative authorities or legislative bodies, the best interests of the child shall be a primary consideration”. Assessing the best interests of a child means to evaluate and balance “all the elements necessary to make a decision in a specific situation for a specific individual child or group of children”.
Definition.
According to the UN Convention on the Rights of the Child, assessing the best interests of a child means to evaluate and balance “all the elements necessary to make a decision in a specific situation for a specific individual child or group of children”. Due to the diversity of factors to consider, usually more than one profession or institution is involved in the assessment process, bringing together various perspectives and areas of expertise from the country of origin and destination and, in particular, the perspective of the child.
The following aspects are relevant for the best interests of the child: 
Assessments.
Best interests’ assessments can be conducted informally and ad hoc or as formalised processes. Assessments look at everyday matters and decisions with more or less severe implications for the child. The best interests of a child may change significantly over time as children grow and their situations and capacities evolve, so their best interests’ may need to be reassessed periodically.
Determinations.
Best interests’ determinations are formal processes conducted with the involvement of public authorities and professional decision makers. The objective of the best interests’ determination is to reach a decision based on national law that safeguards the rights of the child and promotes her or his well-being, safety and development. Decision-makers weigh and balance all the relevant factors of the case, giving due consideration to all the rights of the child and the obligations of public authorities and service providers towards the child. The objective of the best interests’ determination process is the identification of a durable solution. Best interests’ determinations are carried out when the issues at stake are expected to have significant implications on the child's present and future life.
Elements of a best interests’ assessment and determination process in transnational cases.
Best interests’ assessments aim to gather all the facts needed to arrive at a conclusion about the impact of any action, measure or decision on the child and her or his future. The central perspective is that of the girl or boy concerned. A trust-based relationship and communicating effectively in the child's main language enables the child to exercise his or her right to be heard. Comprehensive assessments involve a multi-disciplinary team of qualified professionals.
A comprehensive best interests’ assessment and determination process addresses all of the following: 
Procedural safeguards in best interests’ determinations.
Procedural safeguards and documentation in best interests’ determinations include: 
Balancing rights and interests in best interests’ determinations.
The different elements considered in an assessment and determination of the best interests of a child may appear to be competing or in contradiction. 
Potential conflicts are solved on a case-by-case basis. The right of the child to have her or his best interests taken as a primary consideration means that the child's interests have high priority and are not just one of several considerations. A larger weight is attached to what serves the child best:
Criticism.
The definition of the "Best Interests of the Child" is not straight forward in either legal practice or when formulating laws and conventions. Its implementation has received considerable criticism by some child psychologists, epidemiologists and the family law reform movement, particularly with regard to how it often marginalizes children from one of their parents after divorce or separation, even though a child benefit from close contact with both parents. It has been argued that the current standard should be replaced with a "best interests of the child from the perspective of the child" approach that takes child-focused epidmiological and psychological research into account regarding children’s physical, mental and social well-being after divorce or separation.
European Union.
Reference to the best interests of the child has been introduced into relevant EU laws and policies, including in the context of migration, asylum, trafficking and potential return. The wording attached to the best interests’ principle ranges between the imperative “must” and “shall” to the less prescriptive “should”.
Finland.
The Finnish Child Welfare Act provides that the best interests of the child needs to be a primary consideration in the determination of welfare measures in response to the child's needs. The Act defines the key elements that need to be taken into consideration for a best interests’ determination: 
This provision offers legally binding guidance to professionals on how the concept of the best interests of the child should be understood. It raises awareness of the complexity of the issues under consideration and makes reference to important rights of the child such as the right to education and development, safety and well-being, respect for the child's views and the child's cultural and other backgrounds.
United States.
Since the US has not yet ratified the UN Convention on the Rights of the Child, which is the central instrument defining and providing the right of the best interests of the child for much of the world, a different set of laws, precedents, and applications apply.
History.
The use of the best interests doctrine represented a 20th-century shift in public policy. The best interests doctrine is an aspect of "parens patriae," and in the United States it has replaced the Tender Years Doctrine, which rested on the basis that children are not resilient, and almost any change in a child's living situation would be detrimental to their well-being.
Until the early 1900s, fathers were given custody of the children in case of divorce. Many U.S. states then shifted from this standard to one that completely favored the mother as the primary caregiver. In the 1970s, the Tender Years Doctrine was replaced by the best interests of the child as determined by family courts. Because many family courts continued to give great weight to the traditional role of the mother as the primary caregiver, application of this standard in custody historically tended to favor the mother of the children.
The "best interests of the child" doctrine is sometimes used in cases where non-parents, such as grandparents, ask a court to order non-parent visitation with a child. Some parents, usually those who are not awarded custody, say that using the "best interests of the child" doctrine in non-parent visitation cases fails to protect a fit parent's fundamental right to raise their child in the manner they see fit. Troxel v Granville, 530 US 57; 120 S Ct 2054; 147 LEd2d 49 (2000).
Child Welfare Laws.
The "best interest of the child" doctrine is largely seen in child welfare laws and the paramount consideration of the court when making decisions with regards to abused and neglected children. The Adoption Assistance and Child Welfare Act of 1980 requires that, “…each child has a case plan designed to achieve placement in the least restrictive (most family like) setting available and in close proximity to the parents' home, consistent with the best interest and special needs of the child.” Although the statute does not define the "best interest of the child", best interest is referenced in two other sections. Moreover, several states have chosen to statutorily define or reference the "best interest of the child", and require the courts within those jurisdictions to consider specific factors.
Family Law.
The term is used as doctrine used by courts to determine a wide range of issues relating to the well-being of children. In the application of family law, one of the most common of these issues concern questions that arise upon the divorce or separation of the children's parents. Examples include:
In proceedings involving divorce or the dissolution of a common-law marriage or a civil union, family courts are directed to assess the best interests of any children of these unions. However, this doctrine is not used to settle custody matters involving urban and minority residents in cities such as Philadelphia, PA for example where the tender years doctrine is still in effect.
The determination is also used in proceedings which determine legal obligations and entitlements, such as when a child is born outside of marriage, when grandparents assert rights with respect to their grandchildren, and when biological parents assert rights with respect to a child who was given up for adoption.
It is the doctrine usually employed in cases regarding the potential emancipation of minors. Courts will use this doctrine when called upon to determine who should make medical decisions for a child where the parents disagree with healthcare providers or other authorities.
In determining the best interests of the child or children in the context of a separation of the parents, the court may order various investigations to be undertaken by social workers, Family Court Advisors from CAFCASS, psychologists and other forensic experts, to determine the living conditions of the child and his custodial and non-custodial parents. Such issues as the stability of the child's life, links with the community, and stability of the home environment provided by each parent may be considered by a court in deciding the child's residency in custody and visitation proceedings. In English law, section 1(1) Children Act 1989 makes the interests of any child the paramount concern of the court in all proceedings and, having indicated in s1(2) that delay is likely to prejudice the interests of any child, it requires the court to consider the "welfare checklist", i.e. the court must consider:
The welfare checklist considers the needs, wishes and feelings of the child and young person and this analysis is vital to ensure that the human rights of children are always in the forefront of all consideration. The welfare checklist provides a comprehensive list of issues that need to be considered to ensure that young people who come into court proceedings are safeguarded fully and their rights as citizens are promoted.
Immigration Law.
To a much lesser degree the principal of the "best interest of the child" has been utilized in immigration law as it relates to child migrants.