THE IMPACT OF THE BEST INTERESTS OF THE CHILD STANDARD ON RESOLVING LEGAL CUSTODY DISPUTES

Objective: The study aims to highlight the modern approach to resolving the conflict of laws in custody matters, focusing on the use of the best interests of the child standard as a connecting factor to determine the applicable law in disputes with a foreign element related to the child's right to custody. Theoretical Framework: The study first addresses the concept of the best interests of the child in custody cases, clarifying its international and national legal foundations, particularly within Algerian legislation and the legal texts governing custody in the Family Code, as well as Law No. 15-12. It then explores doctrinal, legislative, and judicial solutions to the conflict of laws in matters related to the child's custody rights, and emphasizes the role of the best interests of the child standard in determining the applicable law. Methodology: The study adopts a descriptive and analytical approach to examine and analyze the relevant national and international legal texts. It also employs a comparative method to highlight how different legal systems approach the applicable law in international custody disputes and the extent to which they rely on the best interests of the child as a basis for such determination. This is particularly relevant given the diversity of legal classifications of custody and the resulting differences in determining the competent law. Findings and Discussion: The study concludes that using the best interests of the child as a connecting factor ensures a protective form of justice that prioritizes the child’s welfare over rigid traditional standards such as nationality, domicile, or habitual residence when determining the applicable law in custody matters. Research Implications: By shedding light on the role of the best interests of the child in determining the competent law in international custody disputes, the study paves the way for further research on applying this standard to other areas of child rights such as parentage, guardianship, and adoption. Additionally, the adoption of this principle by national courts can contribute to the development of judicial approaches in resolving international family disputes, especially those involving children's personal rights. Originality and Value: This study establishes a connection between the best interests of the child and the applicable law in custody matters, calling for a reconsideration of rigid traditional conflict-of-law rules. It proposes a flexible alternative based on the best interests of the child, which involves selecting the law that best serves the child’s welfare in each specific case. This approach enhances the effective protection of children in the context of complex international family disputes.