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Bettering the Best Interests of the Child Determination: Of Checklists and Balancing Exercises

Research output: Contribution to journalArticle (Academic Journal)

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Bettering the Best Interests of the Child Determination : Of Checklists and Balancing Exercises. / Prabhat, Devyani; Hambly, Jessica C.

In: International Journal of Children’s Rights, Vol. 25, No. 3-4, 11.2017, p. 754-778.

Research output: Contribution to journalArticle (Academic Journal)

Harvard

Prabhat, D & Hambly, JC 2017, 'Bettering the Best Interests of the Child Determination: Of Checklists and Balancing Exercises', International Journal of Children’s Rights, vol. 25, no. 3-4, pp. 754-778. https://doi.org/10.1163/15718182-02503008

APA

Vancouver

Author

Prabhat, Devyani ; Hambly, Jessica C. / Bettering the Best Interests of the Child Determination : Of Checklists and Balancing Exercises. In: International Journal of Children’s Rights. 2017 ; Vol. 25, No. 3-4. pp. 754-778.

Bibtex

@article{8fa08eba3bb745a6ac1e7abbbff50eb8,
title = "Bettering the Best Interests of the Child Determination: Of Checklists and Balancing Exercises",
abstract = "The paper compares European Court of Human Rights (ECtHR) and UK court judgments on cross-border nationality cases concerning children and wholly domestic family law cases regarding children (without the cross-border element). It identifies different legal standards that apply to the well-being of children such as the best interests principle and the welfare principle and maps how successful these standards are in bringing in the views of children. It appears that cross-border nationality cases are unable to consider the interests of children as seriously as the wholly domestic family law cases. The domestic court approach of welfare brings in children{\textquoteright}s views more effectively than nationality cases in domestic courts or at the ECtHR. It would benefit children if a rigorous best interests determination is carried out in nationality proceedings and a welfare approach is adopted consistent with family law cases.",
keywords = "nationality, best interests ",
author = "Devyani Prabhat and Hambly, {Jessica C}",
year = "2017",
month = nov,
doi = "10.1163/15718182-02503008",
language = "English",
volume = "25",
pages = "754--778",
journal = "International Journal of Children{\textquoteright}s Rights",
issn = "0927-5568",
publisher = "Martinus Nijhoff Publishers",
number = "3-4",

}

RIS - suitable for import to EndNote

TY - JOUR

T1 - Bettering the Best Interests of the Child Determination

T2 - Of Checklists and Balancing Exercises

AU - Prabhat, Devyani

AU - Hambly, Jessica C

PY - 2017/11

Y1 - 2017/11

N2 - The paper compares European Court of Human Rights (ECtHR) and UK court judgments on cross-border nationality cases concerning children and wholly domestic family law cases regarding children (without the cross-border element). It identifies different legal standards that apply to the well-being of children such as the best interests principle and the welfare principle and maps how successful these standards are in bringing in the views of children. It appears that cross-border nationality cases are unable to consider the interests of children as seriously as the wholly domestic family law cases. The domestic court approach of welfare brings in children’s views more effectively than nationality cases in domestic courts or at the ECtHR. It would benefit children if a rigorous best interests determination is carried out in nationality proceedings and a welfare approach is adopted consistent with family law cases.

AB - The paper compares European Court of Human Rights (ECtHR) and UK court judgments on cross-border nationality cases concerning children and wholly domestic family law cases regarding children (without the cross-border element). It identifies different legal standards that apply to the well-being of children such as the best interests principle and the welfare principle and maps how successful these standards are in bringing in the views of children. It appears that cross-border nationality cases are unable to consider the interests of children as seriously as the wholly domestic family law cases. The domestic court approach of welfare brings in children’s views more effectively than nationality cases in domestic courts or at the ECtHR. It would benefit children if a rigorous best interests determination is carried out in nationality proceedings and a welfare approach is adopted consistent with family law cases.

KW - nationality

KW - best interests

U2 - 10.1163/15718182-02503008

DO - 10.1163/15718182-02503008

M3 - Article (Academic Journal)

VL - 25

SP - 754

EP - 778

JO - International Journal of Children’s Rights

JF - International Journal of Children’s Rights

SN - 0927-5568

IS - 3-4

ER -