The Impact of the Best Interests and the Respect for the Views of the Child Principles in Child Custody Cases

The best interests of the child and the respect for the views of the child are pillars designed and recognized in international children’s law as principles on which children’s rights in general evolve. Both principles operate across a wide range of issues relating to and related to children. A combination of both principles in an attempt to claim particular children’s rights is also possible and together accentuate the fact that children’s rights are interrelated and stronger when combined. This article attempts a combination of both principles in interpreting the intricacy and the impact both principles have had in aiding the court make decisions in favor of a child in child custody cases – the focus will be on the decisions in the Finnish case of Merkelback v. Illges-Merkelback and the Irish case of Nk v. Sk.

Published 2019-10-07

Document Information

Publication year
2019
Author(s)
Fokala, Elvis
Format
pdf, 22p.
Rights
E-ISSN: 1571-8107
Country
FinlandIreland
Our thematic areas
Child Rights Governance

Document Information

Publication year
2019
Author(s)
Fokala, Elvis
Format
pdf, 22p.
Rights
E-ISSN: 1571-8107
Country
FinlandIreland
Our thematic areas
Child Rights Governance