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Care and Protection of Children Act 2007
10Best interests of child
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10 Best interests of child
(1) When a decision involving a child is made, the best interests of the
child are the paramount concern.
(2) Without limiting subsection (1), consideration should be given to the
following matters in determining the best interests of a child:
(a) the need to protect the child from harm and exploitation;
(b) the capacity and willingness of the child's parents or other
family members to care for the child;
(c) the nature of the child's relationship with the child's family and
other persons who are significant in the child's life;
(ca) the need to strengthen, preserve and promote positive
relationships between the child and the child's parents, family
members, kinship group and other persons who are significant
in the child's life;
(cb) in circumstances where the child has been removed from the
care of the child's family, all possibilities related to reunifying
the child with the child's parents;
(d) the wishes and views of the child, having regard to the
maturity and understanding of the child;
(e) the child's need for permanency in the child's living
arrangements;
(f) the child's need for stable and nurturing relationships;
(g) the child's physical, emotional, intellectual, spiritual,
developmental and educational needs;
(h) the child's age, maturity, gender, sexuality and cultural, ethnic
and religious backgrounds;
(ha) if the child is an Aboriginal child – the child's right to enjoy the
Aboriginal culture and tradition of the child's family and
community including the need to maintain ongoing contact
with the child's family and connection to country and
language;
(i) other special characteristics of the child;
Care and Protection of Children Act 2007 5
(j) the likely effect on the child of any changes in the child's