The best interest of the child: concept and definition of the term

Abstract

The objective of this study is to try to facilitate the practical realization of the principle of the interest of the child, set - as do most of the continental European regulatory systems - as a general clause or as an indeterminate legal concept, difficult to define and to apply. In this sense, should seek an approximation to a mixed model of legislative technique prototypical Anglo-Saxon legal systems, where the next set of legal types of general clause such as the welfare principle or the best interests principle, a live range indicative set of criteria that seek to facilitate the determination in each case the interests of the child. In short, it would include a list of situations that would be integrated within the general concept of interest of the child. As an example may be mentioned the British Children Act 1989, section 105 (1), which provides that courts are obliged to treat the welfare of the child “as the Paramount consideration,” and then in its section (3) identifies this by being a “check list” that includes, among other references relating to age and reasoning ability, the physical, emotional and educational, the probable effects of a change of circumstances, and the environment.