The concept of the best interests of the child represents a guiding principle in all proceedings concerning children, including family proceedings relating to custody and contact arrangements. A distinctive feature of this principle is that it constitutes an indeterminate legal concept, the concept of which is not precisely defined in advance, but must be determined in light of the circumstances of each individual case, taking into account the specific child whose present and future are being decided upon.
This master's thesis examines how the best interests of the child are realised in proceedings concerning custody and contact arrangements from both substantive and procedural legal perspectives. It explores the development of the concept of the best interests of the child and its establishment as a fundamental principle of family law. The thesis analyses decision-making processes in matters of custody and contact, with particular emphasis on joint custody, which has become the predominant form of custody arrangement in modern family law. Special attention is devoted to the child's position in proceedings, the child's right to be heard, the involvement of various professionals in determining the child's best interests, and the procedural mechanisms designed to safeguard those interests.
The central part of the thesis focuses on the challenges and pitfalls arising from the practical application of the indeterminate concept of the best interests of the child. In particular, it examines issues relating to subjectivity in assessing the child's best interests, conflicts between parental rights and the child's best interests, the impact of parental conflict on the child's position, and systemic shortcomings that may hinder the effective protection of children's best interests.
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