The impact of the best interests and the respect for the views of the child principles in child custody cases
CITATION: Fokala, E. 2019. The impact of the best interests and the respect for the views of the child principles in child custody cases. Nordic Journal of International Law, 88(4):614-635, doi:10.1163/15718107-08804003.
The original publication is available at https://brill.com
The best interests of the child and the respect for the views of the child are pillars designed and recognised in international children’s law as principles on which children’s rights in general evolve. Both principles operate across a wide range of issues relating to and related to children. A combination of both principles in an attempt to claim particular children’s rights is also possible and together accentuate the fact that children’s rights are interrelated and stronger when combined. This article attempts a combination of both principles in interpreting the intricacy and the impact both principles have had in aiding the court make decisions in favour of a child in child custody cases – the focus will be on the decisions in the Finnish case of Merkelback v. Illges-Merkelback and the Irish case of Nk v. Sk.