The Paramountcy Principle

In New Zealand law
The paramountcy principle is that the child’s best interest and welfare is the first and paramount consideration. The Care of Children Act 2004 outlines things a Judge must take into consideration when making orders around care and protection of children:
In addition, a Judge may take the following into account:
  • A child’s care, development and upbringing should primarily be the responsibility of their parents or guardians.
  • A child’s care, development and upbringing should be through on-going consultation and co-operation between the parents, guardians and persons caring for the child.
  • A child should have continuity in their care, development and upbringing.
  • A child should have a relationship with both parents and the child’s relationship with his or her family group, whanau, hapu or iwi should be preserved and strengthened.
  • A child’s identity (culture, language, religious denomination and practice) should be preserved and strengthened.
  • Making a decision in a timeframe which is appropriate to the child’s sense of time. This means that it is more urgent for decisions to be made more so for younger children than older ones, because of their sense of time, how long things take and because the impact of delay upon the child is different.
  • The conduct of the person who is seeking to have a role in the upbringing of the child – but only if their conduct is relevant to the child’s best interests and welfare. For example, it is unlikely to be relevant that the relationship ended because of an affair. That is an issue for the parents but unlikely to be relevant to the child’s best interests and welfare (e.g. the child’s best interests and welfare would be affected if one parent unfairly tried to isolate the other parent).

Paramount Consideration

In UK law
In UK law the welfare of the child is considered paramount. Section 1 of the Children Act 1989 deals with the welfare of the child. It states that when a court determines any question with respect to the upbringing of a child or the administration of a child’s property or application of any income arising from it, then the child’s welfare shall be the court’s paramount consideration.

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