PROMOTING THE CHILD´S BEST INTERESTS

PASG 2024 OSLO

September 4-7, 2024

WELCOME

Promoting the child´s best interests

See the DRAFT program on the website, PASG NORWAY, pasg.no

Guide on Article 8 of the Convention – Right to respect for private and family life. d. Parental allowances, custody/access, and contact-rights

There is a broad consensus – including in international law – in support of the idea that in all decisions concerning children, their best interests must be paramount (Strand Lobben and Others v. Norway [GC], § 207; Neulinger and Shuruk v. Switzerland [GC], § 135; X v. Latvia [GC], § 96). The child’s best interests may, depending on their nature and seriousness, override those of the parents (Sahin v. Germany [GC], § 66). The parents’ interests, especially in having regular contact with their child, nevertheless remain a factor when balancing the various interests at stake (Neulinger and Shuruk v. Switzerland, § 134). The child’s best interests dictate that the child’s ties with the family must be maintained, except in cases where the family has proved particularly unfit. It follows that family ties may only be severed in very exceptional circumstances and that everything must be done to preserve personal relations and, if and when appropriate, to “rebuild” the family (Gnahoré v. France, § 59 and for a review of the case-law, Jansen v. Norway, §§ 88-93).