Judicial Practice Advisory: Protecting the Best Interests of the Child in Custody & Maintenance Proceedings

Purpose of Advisory

This advisory highlights the paramount principle enshrined in Section 1 of the Child Rights Act: that the best interests of the child must be the primary consideration in all actions undertaken by judicial bodies and administrative authorities.

Bench Recommendations

- **Prioritizing Social Inquiry Reports**: Courts are encouraged to mandate verified pre-hearing welfare reports before granting final custody determinations. - **Mediation & Conciliation**: Wherever suitable, family disputes should explore structured alternative dispute resolution led by accredited court social workers to maintain child stability. - **Enforcement of Child Support**: Establishing prompt garnishee and automated compliance checks for maintenance orders across jurisdictional borders.