תאוריית ההתקשרות בפסיקה: כיצד היא עשויה לגרום להחלטות משפטיות מיטביות?

Courts are at times required to address sensitive and complex issues concerning the future of children, such ascustody, adoption, and foster care. These decisions may carry long-term implications for the child’s well-being andare frequently based on expert opinions provided by psychologists, psychiatrists, and social workers. While suchinput is essential, it is also charged with complexity and may sway the balance between professional, institutional,and legal considerations – and at times, even be influenced by personal biases, potentially contrary to the child'sbest interest. The case of "Sofia" sharply illustrates this complexity: Initially, a Family Court ruled that Sofia betransferred to her genetic parents – decision the author views, based on attachment theory, as fundamentallyflawed. In contrast, the District Court accepted the appeal of the parents raising Sofia and allowed her to remainin their care and finally, the Supreme Court approved the latter ruling. This article analyzes these rulings, alongwith additional relevant cases, and explores how the informed application of attachment theory can deepen ourunderstanding of the child's best interest and influence judicial decisions in similar contexts.