When it comes to making decisions regarding care arrangements, the Court must regard the best interests of the child as its paramount consideration. The Family Law Act 1975 (Cth) sets out the factors relevant to determining the best interest of the child. The Court also has the discretion to consider anything it thinks is relevant to determining those best interests.
The primary considerations of the Court are:
- The benefit of the child having a meaningful relationship with both of the child’s parents; and
- The need to protect the child from physical or psychological harm from being subjected to, or exposed to, abuse, neglect or family violence.
The Court will give greater weight to the need to protect the child over the benefit of the child having a meaningful relationship.
Courts will also evaluate the ability of each parent to provide a stable and nurturing environment for the child. Factors such as employment status, income stability, and housing conditions are assessed. The court may also consider the parent’s ability to provide for the child’s education, healthcare, and extracurricular activities.
The willingness and ability of each parent to promote a positive co-parenting relationship are significant factors. Courts look for parents who are willing to cooperate, communicate effectively, and encourage the child’s relationship with the other parent. Any history of interfering with the child’s relationship with the other parent may negatively impact the court’s decision.
In some cases, the court may consider the child’s preference, especially as the child gets older. The weight given to the child’s preference depends on their age, maturity level, and ability to articulate their reasoning. However, the child’s preference is not the sole determining factor and must align with their best interests.
Courts generally value continuity and stability in a child’s life. Disrupting the child’s established routine, school, community, and social connections might be taken into account when deciding care arrangements. The court may consider the impact of relocation on the child’s well-being and the feasibility of maintaining relationships with extended family members.
Determining the best interest of children is a complex task for the courts. They weigh various factors, always keeping the child’s well-being and safety at the forefront. It is crucial for parents involved in parenting disputes to seek the advice of a specialist family lawyer to help them understand the best interest factors and how that may shape parenting agreements.
