Child custody conundrum: legal implications, best interest mandate, and the case for child - inclusive mediation

Abstract

In divorce processes, resolving custody conflicts can be difficult, especially when considering the child's best interests. Child-inclusive mediation has gained preeminence in recent years as a way to guarantee that children's opinions and views are heard and taken into account when making custody decisions. The purpose of this study is to evaluate the viability and effectiveness of requiring child-inclusive mediation in custody disputes. There are several benefits associated with child-inclusive mediation, such as enhanced parent-child communication, a greater comprehension of the needs and preferences of the children, and a higher rate of parental adherence to custody agreements. In addition, children indicate that they want their opinions to be respected and heard during the custody process, which could have a good effect on their mental and emotional health. This dissertation makes the case that efforts to put the best interests of the child first should give careful thought to enacting a policy that requires child-inclusive mediation, even while it acknowledges the difficulties and possible drawbacks of doing so. In the end, encouraging child-centred methods of resolving custody disputes is crucial to guarantee just and equal results that put the welfare of divorced children first.