The best interests of the child: what does the law say?

1. What does it mean?

The best interests of the child is a central principle of law, which requires that the child’s well-being always come first in all decisions affecting him or her. This applies to decisions made by parents, judges, social services or institutions.

2. Where does this principle come from?

This principle is recognized on an international scale, notably :

- - by the 1989 International Convention on the Rights of the Child (CRC) (article 3-1),
  - the Charter of Fundamental Rights of the European Union (article 24.2),
  - and by the European Court of Human Rights, which invokes it in family cases.

In France, it is enshrined :

- - in the Civil Code (e.g.: articles 371-1 and 375-1),
  - in the Code de l’action sociale et des familles (art. L. 112-4),
  - and is binding on judges and social services alike.

3. How do judges apply it?

Judges use this principle to settle family disputes concerning child custody, parental authority, placement, adoption, etc. They analyze each concrete situation, taking into account the nature of the dispute.

They analyze each concrete situation: the child’s age, affective ties, stability, security, schooling, and so on.

This principle can take precedence over the parents’ rights, if the child’s best interests so require.

4. Practical examples

- - A judge can refuse visitation rights to an intended parent if this is not in the child’s best interests.
  - Even if the legal conditions are met for declaring parental abandonment, this can be refused if the child is likely to suffer as a result.
  - Since 2005, French courts have recognized that article 3-1 of the CRC is directly applicable in legal proceedings.

5. A flexible concept… not always simple

The best interests of the child have no fixed definition. It adapts to each situation. It is a « legal standard » that leaves room for interpretation by judges.

This vagueness allows for individual consideration… but can also make certain decisions difficult to anticipate.

In a nutshell

The best interests of the child are now an essential principle of French and international law.

It obliges all those involved – judges, institutions, parents – to ask themselves a single essential question : “What is best for this child, here and now?”

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