Call Us: US - +1 845 478 5244 | UK - +44 20 7193 7850 | AUS - +61 2 8005 4826

the immigration of adoptive third-country-national children

In spite of the fact that contested custody proceedings so frequently take on the aspects of an acrimonious family quarrel in which the parents and sometimes other relatives hurl recriminations back and forth, as though their interests were alone involved, it is universally agreed that the principal objective of the court should be to make a decision which tends best to safeguard and promote the welfare of the child.41 As a consequence, whatever differences there may be between custody and adoption in other respects, the guiding principles in the two proceedings are much the same, namely, protection of the child against the possibility of continuing in or entering an environment which may have an adverse effect on its social, psychological, and physical welfare. It would seem, then, that demarcation of the lines which would limit permissible exercise of judicial power in custody proceedings should, as in adoption proceedings, be drawn from the point of view of the ability of the court entertaining them to make such an investigation of the facts as will enable it to act for the best interests of the child. As pointed out in connection with the discussion of adoption, a court sitting at the actual residence of the child or at the residence of the petitioner, if in the latter case there is personal jurisdiction over the child and over the person then having actual control of it, is adequately prepared to make the proper inquiry.