10EBest interests of child

10E Best interests of child

[Section 10E Inserted by No. 64 of 2013, s. 6, Applied:01 Jul 2016]

(1)  In performing functions or exercising powers under this Act, the best interests of the child must be the paramount consideration.

(2)  Without limiting the matters that may be taken into account in determining the best interests of a child, the following matters are to be taken into account for that purpose:

(a) the need to protect the child from physical, psychological and other harm and from exploitation;

(b) the views of the child, having regard to the maturity and understanding of the child;

(c) the capacity and willingness of the child's parents or other family members to care for the child;

(d) the nature of the child's relationships with his or her parents, other family members and other persons who are significant in the child's life, including siblings;

(e) the child's need for stable and nurturing relationships with his or her parents, other family members, other persons who are significant in the child's life and the community;

(f) the child's need for stability in living arrangements;

(g) the child's physical, emotional, intellectual, spiritual, developmental and educational needs;

(h) the attitude to the child, and to the responsibilities of parenthood, demonstrated by each of the child's guardians;

(i) the need to provide opportunities for the child to achieve his or her full potential;

(j) the child's age, maturity, sex, sexuality and cultural, ethnic and religious backgrounds;

(k) any other special characteristics of the child;

(l) the likely effect on the child of any changes in the child's circumstances;

(m) the least intrusive intervention possible in all the circumstances;

(n) the opportunities available for assisting the child to recover from any trauma experienced –