The best interests of the child

The best interests of the child is a legal principle which must ensure that children's interests are highlighted and emphasized when decisions are made on issues that are important to children. This can be for a specific child, a specific group of children or for children in general.

The best interests of the child should be a fundamental consideration in all actions that affect and concern children. This means that this consideration should be given greater weight than other considerations, and that it takes a lot to set it aside.

What is in the best interests of the child in each individual case must be decided after a specific overall assessment. This assessment is called a best interests of the child assessment. The best interests of the child must ensure that the interests of the child are highlighted and given importance when decisions are made on issues that are important to children. The greater the impact the decision in question has on a child or on children in general, the greater the requirements for thorough assessments of the best interests of the child.

Following the child's best interests is both a right and a procedural rule. That the best interests of the child is a right means that one must always consider the best interests of the child in a matter that affects and concerns the child, and there is no room for exceptions. The fact that the best interests of the child is a case management rule means that there is a case management error if one has not considered the best interests of the child in a case that affects the child.

The best interests of the child shall be a fundamental consideration in all actions that affect and concern children. This means that this consideration shall be given greater weight than other considerations, and that it will take a lot to set it aside. What is in the best interests of the child in the individual case shall be decided after a concrete assessment.

What does the child's best assessment mean?

Making a best interests assessment is a concrete task, with good analyses of the child's needs and how children's rights are affected. The Children's Ombudsman has developed a model that describes the best interests assessment in four steps; Know, Assess, Weigh and Show. You can see this here: process for best interests assessments.

Points in a child's best interests assessment

The UN Children's Committee has drawn up a list of points that may be relevant to take a decision on in the child's best assessment. Which elements are relevant depends on the individual case. Other points can be included if applicable and the list is therefore not exhaustive.

The child's views
The child's identity, character traits and characteristics
Family environment and close relationships
The child's right to protection, care and safety
The vulnerability of the child or vulnerable situations
The child's right to life and development
The child's physical and mental health
The child's right to education

Child rights assessment

A structured assessment of the best interests of the child is generally called a child rights assessment. This should be used by authorities that are to propose measures and decisions at both municipal, county and national level. A child rights assessment maps out the consequences that a measure will have on the various rights of children. The child rights assessment provides the necessary knowledge so that the best interests of the child are thoroughly assessed before decisions are made. Here you can read about child rights assessments step by step: The Children's Ombudsman.

The best interests of the child and the child's participation

There is a close connection between the child's best interests and the child's participation, and the child's views must form part of the basis of an assessment of the child's best interests. This means that it is necessary to examine what the child's view is in order to assess what is in the child's best interest.

Children have a right in Article 12 of the Convention on the Rights of the Child to express their views on all matters that affect them. The right to be heard applies to all children. All children have the right to be heard, and children can be heard through drawing, playing or other forms of expression. Emphasis on the child's opinion takes place, among other things, in accordance with the child's age and maturity.

It is important to remember that how the child participates, must also be in line with the child's best interests, and arrangements must be made for the child's participation in a good and safe way.

Legislation / guidelines

UN Convention on the Rights of the Child Article 3, Section 1: "In all actions affecting children, whether they are carried out by public or private welfare organisations, courts, administrative authorities or legislative bodies, the child's best interests must be a fundamental consideration".

Section 104, subsection 2 of the Constitution: "In actions and decisions that affect children, the child's best interests must be a fundamental consideration".

UN Convention on the Rights of the Child Article 12, point 1: "The parties must guarantee a child who is capable of forming his own views, the right to express these views freely in all matters concerning the child, and give the child's views due weight in accordance with his age and maturity".

https://www.udir.no/globalassets/filer/regelverk/rundskriv/veiledning-til-bruk-av-barnekonvensjonen.pdf

https://www.sivilombudet.no/aktuelt/barnekonvensjonens-krav-til-forvaltningens-saksbehandling/

This article was last updated: 07.09.25