[WEBINAR] Family Conference 2020

Session 8: Determining the “Best Interests” of a Child

Moderator

Wong Kai Yun – Co-Managing Partner, Chia Wong Chambers LLC

Panellists

The Honourable Justice Valerie Thean – Supreme Court of Singapore

The Honourable Justice Louise Henderson –  Family Court of Australia

The Honourable Judge Sharon D Melloy – Family Court Judge, District Court of Hong Kong

The Honourable Judge Martina Erb-Klünemann – Higher Regional Court of Hamm

“While children will have their own opinions and make their own decisions especially as they mature, parents cannot disclaim all responsibility for their actions. Parents are responsible for providing a safe and secure environment for their children. They are responsible for setting limits on what is unacceptable behaviour.”

(VDZ v. VEA [2020] SGHCF 2)

In the practice of family law, what amounts to a child’s best interests is a perennial question and often a matter of substantial dispute. In this session, the distinguished panel of Judges discuss how the courts in various jurisdictions assess relevant factors in identifying the child’s best interests. The session examines the evolution of the “best interests” concept over the years, the processes and tools available to the courts in assessing “best interests”, the role of the voice of the child, the impact of parental behaviour in custody disputes, and what the Judges wished their respective systems and lawyers could do better in the determination of “best interests”.