A child's best interest as an argument for the assessment of sociopathological phenomena in the family environment

Introduction: This paper focuses on assessing a child's best interests in evaluating sociopathological phenomena in the family environment, primarily when determining the necessity of removing the child from his/her family or minimizing contact with one of the parents. Goal: To compare the amended Czech Act No. 359/1999 Coll. on the Social and Legal Protection of Children with the Act on the Support of Children, Youth and Families from Ontario, Canada, and the Norwegian Act on Child Welfare. Specifically, describe the strengths and weaknesses of the assessed laws concerning the upcoming and completely new Czech Act on the Social-Legal Protection of Children (SPOD). Methods: Analysis and comparison of primary documents. Results: A comparison of laws on the social-legal protection of children from three different countries led to the discovery of fundamental differences in the powers of social workers, assessment of social pathologies, and respect for the child's right to be heard. Conclusion: Each case should be assessed separately because the term 'best interests of the child' is relatively vague, and its perception changes over time. Therefore, courts and social workers should always discuss details to ensure legal certainty and the principle of reviewability. Taking inspiration from the Norwegian Child Protection Act is not advisable.