Best Interests of the Child: Dilemmas and Solutions

Abstract

Parental divorce often leads to disputes over a child’s place of residence, with the 'best interests of the child' (BIC) serving as a key reference point for guardianship and custody authorities. However, neither legal practice nor social work provides a consistent interpretation of this concept. A review of the scholarly literature likewise reveals methodological heterogeneity and an absence of a widely accepted assessment model. In such circumstances, practitioners’ decisions are susceptible to subjective interpretation and depend on local practice. This qualitative study of professional practices draws on in-depth interviews and a short survey of guardianship professionals from seventeen territories in the Sverdlovsk region. The difficulties identified when preparing court-­oriented opinions informed the development of a methodological approach aimed at structuring reasoning and aligning procedures. The proposed conceptual map of factors provides a shared language for preparing opinions, while still allowing for professional judgment. The practical value of the work lies in standardizing templates, ensuring a more consistent consideration of the child’s voice across different age groups, and including a psychologist as a mandatory participant in case conferences.