Child Custody Decisions: How Legal and Mental Health Professionals View the Concept of ‘Best Interests of the Child’

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Abstract
Close scrutiny of legal precedents and psychological literature has revealed significant differences in the views of legal and mental health professionals regarding the major criteria used in custody decisions. This article carries the investigation further and considers empirically the responses to the criteria of these two groups of professionals in South Africa. Findings show subtle but significant differences between them, particularly with regard to the ‘child’ dimension of the ‘best interests’ concept. The implications for mental health professionals in their evaluation of custody cases, and in their giving of testimony, are underscored.