[3] Best interests determinations are formal processes conducted with the involvement of public authorities and professional decision makers.
The objective of the best interests determination is to reach a decision based on national law that safeguards the rights of the child and promotes her or his well-being, safety and development.
Best interests determinations are carried out when the issues at stake are expected to have significant implications on the child's present and future life.
[4] Best interests assessments aim to gather all the facts needed to arrive at a conclusion about the impact of any action, measure or decision on the child and her or his future.
[25] For example, one custody situation might be considered optimally in the best interests of the child, but a slightly different arrangement might fall into the zone of parental discretion.
Reference to the best interests of the child has been introduced into relevant EU laws and policies, including in the context of migration, asylum, trafficking and potential return.
Moreover, several states have chosen to statutorily define or reference the "best interest of the child", and require the courts within those jurisdictions to consider specific factors.
In the application of family law, one of the most common of these issues concern questions that arise upon the divorce or separation of the children's parents.
Courts will use this doctrine when called upon to determine who should make medical decisions for a child where the parents disagree with healthcare providers or other authorities.
In determining the best interests of the child or children in the context of a separation of the parents, the court may order various investigations to be undertaken by social workers, Family Court Advisors from CAFCASS, psychologists and other forensic experts, to determine the living conditions of the child and his custodial and non-custodial parents.
The welfare checklist provides a comprehensive list of issues that need to be considered to ensure that young people who come into court proceedings are safeguarded fully and their rights as citizens are promoted.