What are the best interests of the children and how is it determined?
This is often construed widely and can include moral, physical and emotional welfare, stability,
ties of affection and various other factors. Often, maintaining the children’s relationship with
both parents is an important consideration that is deemed to be in the children’s best interests.
All custody, care and control as well as access terms are made with the ultimate goal of
ensuring the children’s happiness, security, mental and physical well-being, educational and
emotional development as they grow into young adults.
The preferences of the child is also a contributing factor and may be determined through
various mechanisms such as child representatives or judicial interviews.