The Best Interests of the Child: Decision-Making Factors

Abstract

This study examines the factors considered by professionals working within the family court arena when they apply the standard of best interests of children to make a determination about where a child should reside. This study uses a qualitative design based on the critical incident technique. Recorded interviews were conducted with all respondents using a semi-structured format in which they were asked to delineate the factors they relied on to make a decision in a case in which they were involved. Results indicate that professionals rely on three domains to make decisions using the best interests standard: precipitating events, guiding principles, and case variables. Respondents also generally agreed that the best interests of children as a standard can be subjectively interpreted to the detriment of clear and unbiased decisions. Recommendations for use of these domains in decision-making concerning the best interests of children are proposed as a guard against the subjective interpretation of the standard.

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