The High Court of Fiji had to decide whether to grant bail to a father of a four-year-old boy. Without the mother, the son had no caregiver and his clothes were locked up at the mother’s house. The Court cited the CRC and noted that it had to consider the best interests of the child. Using these guidelines, the Court granted the mother bail. See also Yuen v The State, [2004] FJHC 247, a case in which the High Court of Fiji considered a similar fact pattern. The Court granted bail to the mother, but noted that although under the CRC the best interests of the child are to be given primary importance, they are not to be given paramount importance. Other factors could overrule the best interests of the child.

[link]