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Topic: Best interests


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In the News (Fri 25 Jul 08)

  
 Best interests -- Facts, Info, and Encyclopedia article   (Site not responding. Last check: 2007-10-09)
The use of the best interests doctrine represented a (additional info and facts about 20th century) 20th century shift in policy.
Finally, the (The decade from 1970 to 1979) 1970s saw the subordination of the interests of either parent (as well as that of (additional info and facts about foster parent) foster parents and (additional info and facts about step-parent) step-parents) to the interests of the child.
This has led (additional info and facts about fathers rights) fathers rights advocates to derisively assert that the standard really means "the best interests of the mother", and to contend that fathers are arbitrarily deemed to be less capable of caring for and nurturing their children.
www.absoluteastronomy.com /encyclopedia/b/be/best_interests.htm   (472 words)

  
 CRIN: Resources
These include considering the best interests of children in policy decisions such that the principle serves as a form of affirmative action for children, bringing the views of a marginalized group forward in the hierarchy of decision-making.
In terms of provincial legislation dealing with child protection, the best interests principle is currently under evaluation given that recent deaths of children in care have put into question the criteria used for determining the best interests of the child.
This report concludes that the best interests of the child is a principle that is rarely considered in the practice of law or politics in Canada.
www.crin.org /resources/infoDetail.asp?ID=558&flag=report   (1694 words)

  
 Convention on the Rights of the Child   (Site not responding. Last check: 2007-10-09)
The Convention on the Rights of the Child states in article 3 that the best interests of the child shall be a primary consideration in all actions concerning children, whether undertaken by public or private social welfare institutions, courts of law, administrative authorities or legislative bodies.
'Best interests of the child' means that legislative bodies must consider whether laws being adopted or amended will benefit children in the best possible way.
The best interests principle is not confined to public undertakings, but should also serve to guide private institutions undertaking actions concerning children.
www.unicef.org /crc/bg005.htm   (308 words)

  
 Compelled Medical Procedures Involving Minors and Incompetents and Misapplication of the Substituted Judgment Doctrine, ...
The basic problem courts have with the application of the substituted judgment doctrine in cases involving minors and the mentally incompetent is that is is frequently confused with the best interests standard.
The difficulty with the best interest standard is not in the statement of it but in giving content to it.
This may be because minors and incompetents are traditionally accorded the best interests standard in cases involving issue of informed consent.
www.cirp.org /library/legal/lebit/5.html   (948 words)

  
 Medical Humanities
Yet it is in the best interests of children as a group that research is conducted with children.
The goal of many research rules for children is to balance the best interests of children as a group with the best interests of potential subjects.
The judge rules that it is in Margaret's best interest to live with her father.
www.ecu.edu /medhum/newsletter/spring1999_p1.htm   (1510 words)

  
 Human Rights and Equal Opportunity Commission Website: Asylum Seekers
The principle of the best interests of the child is one of the fundamental principles of the Convention underpinning the interpretation of all children's rights and freedoms.
It is in the best interests of Indigenous children to be raised in the Indigenous community (articles 5, 8.2 and 30).
By providing that the best interests of the child are 'a primary consideration' rather than the primary or the paramount consideration, article 3.1 allows decision-makers to balance the best interests of the child against 'equally weighty' primary considerations of their own choosing, such as religious or economic considerations.
www.hreoc.gov.au /human_rights/briefs/brief_1.html   (1956 words)

  
 ABA Talking Points: Protecting Children: What "Best Interests of the Child" Means
The term “best interests of the child”; dates from that era and has over a century of use in American jurisprudence.
When children are in the care of the state, whether in foster care or in institutional placements, “best interests” is an important measure of whether services are meeting the child’s needs.
And there are often disagreements over what actions truly are in the best interests of children in a given case.
www.abanet.org /publiced/lawday/talking/child_bestinterest.html   (468 words)

  
 April 12, 2004 (In The Best Interests Of The Children) - www.ezboard.com
The “best interests” test is designed to evaluate multiple factors related to the child’s needs, expectations, care and support, and then balance those findings against the capacities of the parents or abilities of agencies or systems or other individuals to provide those supports.
The “best interest test,” even if not always fairly or accurately applied, promises that the child’s interests and issues are put before the needs or desires of others competing for the right to “parent” or raise the child.
We shirk or abrogate that duty by supporting a bill that acts in the best interests of schools, and ignores or acts against the best interests of the children.
p078.ezboard.com /fourchildrenleftbehindfrm17.showMessage?topicID=268.topic   (904 words)

  
 Minnesota Statutes 2005, 518.17
The primary caretaker factor may not be used as a presumption in determining the best interests of the child.
However, the court shall use a rebuttable presumption that joint legal or physical custody is not in the best interests of the child if domestic abuse, as defined in section 518B.01, has occurred between the parents.
In determining custody, the court shall consider the best interests of each child and shall not prefer one parent over the other solely on the basis of the sex of the parent.
www.revisor.leg.state.mn.us /stats/518/17.html   (907 words)

  
 AAOS On-Line Service December 2000 Bulletin In whose best interests?   (Site not responding. Last check: 2007-10-09)
A conflict may arise between what is in the best interest of the group practice and what is in the best interest of an individual group member.
The interests involved are typically the financial interests of the individual physicians and those of the practice.
In the abstract, a conflict of interest occurs when the private interests of a member of a medical practice who has fiduciary responsibilities to the practice are at odds with his or her professional obligations to the practice.
www.aaos.org /wordhtml/bulletin/dec00/self.htm   (1367 words)

  
 Contents of I. CURRENT ADOPTION LAWS AND STANDARDS   (Site not responding. Last check: 2007-10-09)
With the “best interests” standard, the needs and interests of the child are considered paramount in determining whether to award custody to the adoptive parents or biological parent.
One of the major criticisms is that “best interests” is a vague standard, often defined from an adult perspective that focuses on the socioeconomic status of the parties involved.
Critics of this standard are concerned that under a “best interests” determination, judges may let their prejudices regarding, for example, class, race, or sexual orientation, guide their decision, rather than a real “best interests” analysis.
www.law.upenn.edu /conlaw/issues/vol2/num1/labarge/node3_ct.html   (954 words)

  
 ABA Talking Points: Protecting Children: How Law Protects Children
The term “best interests of the child”; dates from that era and has over a century of use in American courts.
The best interests standard is used in many other kinds of cases as well.
For example, when children are in the care of the state, whether in foster care or in institutional placements, “best interests” is an important measure of whether services are meeting the child’s needs.
www.abanet.org /publiced/lawday/talking/children_protect.html   (690 words)

  
 Child Custody in Cases Involving Domestic Violence: Is It Really in the "Best Interests" of Children to Have ...
The best interest of the child standard emerged in the 1960s and 1970s, setting aside the tender years doctrine that had favored the mother as the preferred custodial parent of young children.
Furthermore, in those states with a statutory presumption that joint custody is in the best interest of the child, the battered woman risks losing custody if it appears to the court that she does not want to share the child with her batterer.
The best interests of a child are not served when the child is subjected to continued abuse after the victim leaves her batterer.
www.mobar.org /journal/2001/novdec/brown.htm   (4118 words)

  
 Best Interests   (Site not responding. Last check: 2007-10-09)
On the matter of relocation, the best interests of the child are arguably neglected –developmental psychology tells us that children need both parents differentially at different developmental stages.
During this delineated separation process, the status quo regarding the children’s living arrangements could be maintained, however this should not be taken as a legal precedent or as an indication of the long term wishes of each parent or the best interests of the child.
I offer their thoughts and my own in the interests of a decent and civilized society which strives to truly act in the best interests of our children.
www.fathers.ca /best_interests.htm   (2408 words)

  
 The Best Interest of the Child
Even if we agree that "best interests of the child" is the gold standard for deciding these questions, there is disagreement about how that test is to be applied.
The second category is whether determination of the best interests of the child means attending to everything that affects the child or whether certain considerations should be disregarded.
Thus, regardless of the circumstances that lead the child's custody to be at issue, her best interests must be the central concern of the state.
www.scu.edu /ethics/publications/iie/v11n1/custody.html   (2692 words)

  
 American Civil Liberties Union : In the Child's Best Interests: Defending Fair and Sensible Adoption Policies   (Site not responding. Last check: 2007-10-09)
The issue of adoption is best decided by parents and professionals on a case-by-case basis, not by politicians or the government.
The "case by case basis" proposal is an alternative that rejects the meddling of politicians and ideologues and puts the focus where it should be: on the best interests of children.
These hierarchies do not serve the best interests of children because they apply a categorical, "one size fits all" approach to adoption placement rather than evaluating each placement on a case by case basis depending on the best interests of the particular child.
www.aclu.org /LesbianGayRights/LesbianGayRights.cfm?ID=9185&c=104   (4175 words)

  
 Contents of VII. ENSURING PROTECTION OF A CHILD’S CONSTITUTIONAL RIGHTS AND WELFARE   (Site not responding. Last check: 2007-10-09)
In addition to recognizing a child’s constitutional right to a hearing on her best interests when her adoption is being contested, adoption laws need to be clarified and changed to ensure that the child’s best interests are being considered.
In determining the child’s “best interests,” the courts should look to the attachment theory for guidance on the impact of removing the child from her adoptive home.
In addition, it may not be in a child’s best interests, especially as she matures and begins to ask questions about her upbringing, to award custody to people who have engaged in criminal and/or truly deceitful behavior.
www.law.upenn.edu /conlaw/issues/vol2/num1/labarge/node8_ct.html   (604 words)

  
 94.01.05: To what extent is the application of family law in the best interests of children?
We are interested in the standard of the best interests of the children.
Yet, the language of the law as it pertains to the best interests of the children is written in endless volumes filling stacks in libraries of the land.
This aspect is the best interests of the children as viewed in a sample of case studies.
www.yale.edu /ynhti/curriculum/units/1994/1/94.01.05.x.html   (9167 words)

  
 Missouri's Parenting Plan Requirement: Is It In the Best Interests of Domestic Violence Victims?
Thus, it may not be in the best interests of the child(ren) to maintain a frequent, continuing and meaningful relationship with their father during the separation period.
These two interests conflict when civil protection orders for domestic violence are issued because continued contact between the victim and her abuser may open the door for manipulation and further emotional and physical abuse.
Additionally, judges need to recognize that it may be in the best interests of these victims to sever contact with the abuser until such time as he can demonstrate to the court that he will not persist in violent or harassing behavior.
www.mobar.net /journal/2000/janfeb/laflamme.htm   (4328 words)

  
 Amazon.com: Best Interests of the Child : The Least Detrimental Alternative: Books: Albert J. Solnit,Anna Freud,Sonja ...   (Site not responding. Last check: 2007-10-09)
Beyond the Best Interests of the Child by Joseph Goldstein
This consolidation of a classic trilogy (Beyond the Best Interests of the Child, 1980; Before the Best Interests of the Child, 1984; and In the Best Interests of the Child, 1986) that first appeared 23 years ago concerns the welfare of children in contested relationships.
Goldstein, Joseph: The Best Interests of the Child.
www.amazon.com /exec/obidos/tg/detail/-/0684823373?v=glance   (931 words)

  
 law.com - California's Family Courts May Minimize Biological Ties
Over a lengthy and heated dissent by Justice Ming Chin, the California Supreme Court on Monday ruled that the best interests of a child could prevail over a father's biological ties in determining parenthood.
Chin, in an extraordinary 72-page dissent, scolded the slim majority for adopting a "best interests" test for parentage disputes, a rule he argued the court rejected only 10 years ago.
"When the courts start picking and choosing who the parent of a child is based on what they believe is best interest," he said, "we're pretty far down the road toward the state reconfiguring families just on the whim of one solitary judge.
www.law.com /jsp/article.jsp?id=1078196797250   (664 words)

  
 Elian--- The Best Interests of the Child
Victor Bloom MD The best interests of the the child were served when Elain was returned to his father.
The mother was fleeing to America with her boyfriend, presumably without the knowledge or permission of the father, with whom Elian had had a close relationship.
It is well known that when a child suffers such a great loss as the death of his mother, he is best comforted and reassured by the surviving parent, especially if he had been closely involved.
www.suite101.com /article.cfm/psychoanalyzing_pop_culture/38617   (561 words)

  
 Permanency Planning: Best Interests of the Child   (Site not responding. Last check: 2007-10-09)
Whenever a court must make a determination as to the custody and/or placement of a child, or must decide on a petition for termination of parental rights, the court must weigh whether that decision will be in the best interests of the child.
All States and Territories require that the child’s best interests be considered whenever such decisions regarding a child’s placement are made.
Many States include language in their statutes that specify in some detail factors that must be included when making best interests of the child determinations.
nccanch.acf.hhs.gov /general/legal/statutes/best_interest.cfm   (376 words)

  
 Childs Best Interest Are What Matter
child's best interests to be in the daycare of her paternal grandmother rather than in paid daycare while her mother attends classes at the University of Michigan as a scholarship student.
According to the Michigan judge the best interests of this child require her to be cared for by blood relatives, not licensed, paid daycare providers.
That is, the law says it is in the best interests of a child to be raised by parents rather than grandparents, unless the parents are unfit.
www.alllaw.com /articles/family/child_custody/article17.asp   (708 words)

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