CHILDREN AND YOUNG PEOPLE ACT 1999 (NO. 63 OF 1999) - SECT 13 How to apply the best interests principle

CHILDREN AND YOUNG PEOPLE ACT 1999 (NO. 63 OF 1999) - SECT 13

(1)     In making a decision or taking action under this Act in relation to a child or young person, a person applies the best interests principle if—

        (a)     the person finds out whether the child or young person is indigenous and, if the child or young person is, ensures that any relevant indigenous organisation is consulted in relation to issues affecting the child or young person; and

        (b)     the person takes into account the following matters so far as they are relevant:

              (i)     the need to protect the child or young person from harm;

              (ii)     if the child or young person has been abused or neglected—the importance of responding to his or her needs;

              (iii)     the capacity of each parent, or anyone else, to provide for his or her needs;

              (iv)     the wishes stated by the child or young person and the factors (for example, his or her maturity or level of understanding) that the person considers are relevant to the weight that should be given to the child's or young person's wishes;

              (v)     the nature of his or her relationship with each parent and with anyone else who is significant in his or her life;

              (vi)     the attitude to the child or young person, and to parental responsibilities, demonstrated by each parent;

              (vii)     the importance of continuity in the child's or young person's care and the likely effect on the child or young person of disruption of that continuity, including separation from—

    (A)     a parent or anyone else with parental responsibility for the child or young person; or

    (B)     a sibling or other family member; or

    (C)     a carer or anyone else (including a child or young person) with whom the child or young person is, or has recently been, living; or

    (D)     anyone else who is significant in his or her life;

              (viii)     the practicalities of the child or young person maintaining contact with his or her parents, siblings and other family members and anyone else who is significant in his or her life;

              (ix)     the age, maturity, sex and background of the child or young person.

(2)     Subsection (1) does not limit the matters that the person may take into account.