The Category “Best Interests of the Child” in Private International Law: Problems of Qualification and Application in cross-border Disputes

The article examines the category of “the child’s best interest” in the context of private international law, with an emphasis on the problems of qualification and application of this principle in cross-border disputes. The author analyzes the evolution of the concept of the “best interest of the child” in international legal acts, such as the UN Convention on the Rights of the Child of 1989, as well as its reflection in the national legislations of various countries. Particular attention is paid to the difficulties that arise in defining and applying this principle in cases where the interests of the child are affected by conflicting jurisdictions, differences in legal systems and cultural traditions. The paper examines key aspects related to the qualification of a child’s best interest in the context of cross-border disputes, including custody, adoption, alimony obligations, and the protection of minors’ rights in international family conflicts. The author highlights the main problems faced by courts and law enforcement agencies in determining the best interest in the absence of a single international standard. Based on the analysis of judicial practice and doctrinal approaches, possible ways to improve legal regulation in this area are proposed, including strengthening international cooperation, harmonizing legislation, and developing universal criteria for determining the best interest of a child in cross-border disputes. The article is of interest to experts in the field of private international law, family law, as well as to anyone who deals with the protection of children’s rights in an international context.