What the Latest Research is Saying about the Best Interests of Children
I have long maintained that a more child-focused approach to resolving parenting disputes after separation and divorce is needed to reduce harm to children and ensure their well-being. Usually, when parents cannot agree on parenting matters, they take their case to a judge for a resolution. The court then applies a "best interests of the child" standard in its decision-making in regard to kids’ future living arrangements. The problem is, however, that this standard is extremely vague and indeterminate, based on projective speculation about which parent might in future be the “better” parent, and thus subject to judicial bias and error. Judges not trained in child development and family dynamics are given unfettered discretion, and this results in unpredictable outcomes based on idiosyncratic biases and subjective value judgment.