13: Best interests of the child

Best interests of the child.– (1) In all actions and decisions taken under this Act, including prevention, investigation, prosecution, bail, sentencing and protective injunctions, the best interests of the child shall be a primary consideration. (2) For the purposes of sub-section (1), the Court shall consider: (a) the child’s safety and protection from violence, intimidation, retaliation and social stigma; (b) the child's physical and mental health, including risks arising from cohabitation or pregnancy: (c) the child’s right to education and development, and future opportunities; (d) the child’s views, having regard to age and evolving capacities; (e) immediate protective needs, including safe shelter and supervised custody where required; and (f) any other factor necessary to secure the child's dignity, autonomy and welfare. (3) No child shall be treated as an offender merely by reason of being a contracting party to a child marriage. (4) In any proceedings under this Act where a contracting party who is a child has been taken, enticed, induced, coerced, trafficked or otherwise removed from lawful guardianship for the purpose of marriage, the Court shall not treat the mere statement or purported consent of such child to reside with or accompany the adult contracting party as determinative of custody, residence or protective orders. (5) In cases under this Act, the Court shall conduct an independent and reasoned assessment of the child's safety, welfare and best interests, having regard to: (a) the circumstances in which the child was removed or taken; (b) any element of coercion, undue influence, intimidation, deception, grooming or abuse; (c) the age, vulnerability and evolving capacity of the child; (d) the likelihood of continued harm, exploitation or retaliation; and (e) the necessity of protective custody, safe shelter, counseling or supervised arrangements. (6) No finding of voluntary consent by a child shall, by itself defeat the protective jurisdiction of the Court under this Act. (7) The Court shall prioritize the physical safety, mental well-being, dignity, education and long-term development of the child over any claim based on marital status, customary practice or alleged consent. (8) The Government may, by rules, prescribe child-friendly procedures for recording statements and providing protection and support services to a child in proceedings under this Act. 5

Effective date: 2026-05-11

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