Family Law and The Best Interests of the Child Standard Developing: Incorporating The Mental Health, Cultural History and The Voice of the Child in Custody Determinations
Abstract
The principle of the child's best interest has become the prevailing doctrine common among all jurisdictions in the realm of custody law. Nevertheless, what constitutes best interests is fluid, controversial and context specific. The conventional definition based on physical safety and parental stability has significantly expanded and incorporated the knowledge of psychology, multiculturalism, and the human rights perspective. The three dimensions that are discussed in this research journal and influence the custody determination today are mental health issues, cultural context, and the voice/desire of the child. This paper employs comparative law analysis of U.S., Canadian, European and international practice to identify reforms in doctrine, evolution of case law and policymaking. It contends that the law on custody is shifting toward a holistic, rights approach, which considers children to be dependents and individuals with identities, emotional needs, and rights to participate. Policy recommendations on operationalizing these changing factors to achieve fairness, cultural sensitivity, and authentic child participation were given at the study's end.
Citations
IRE Journals:
Esiri Aror, Munashe Naphtali Mupa "Family Law and The Best Interests of the Child Standard Developing: Incorporating The Mental Health, Cultural History and The Voice of the Child in Custody Determinations" Iconic Research And Engineering Journals Volume 9 Issue 3 2025 Page 1668-1675
IEEE:
Esiri Aror, Munashe Naphtali Mupa
"Family Law and The Best Interests of the Child Standard Developing: Incorporating The Mental Health, Cultural History and The Voice of the Child in Custody Determinations" Iconic Research And Engineering Journals, 9(3)
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