What are the Best Interests of a Child in Family Law?
When you and your ex have children together, decisions regarding the future care of those children will undoubtedly be difficult to make when you separate.
The “best interest of the child” must be taken into consideration by the court while deciding whether to create or amend a parenting order. When issuing such an order, it must consider their best interests to be “paramount”.
What are the Factors the Court Must Consider when Assessing the Best Interests of a Child?
When evaluating what is in a child's best interests, the Court may consider all relevant factors.
Before the Court decides, it needs to take these six points into account.
Promoting Safety
The Court must consider what measures will ensure the safety of the child and the well-being of anyone responsible for the child's care. In this context, "safety" means safeguarding against any form of abuse, neglect, or violence.
The Child's Views
In accordance with Australia's adherence to the Convention on the Rights of the Child, the Court is required to consider the views of children who are old enough to voice them. This raises the question of how a young person might voice their opinions. The Court will use one of two methods: by ordering a family consultant to submit a report on the issues at hand or by directing the appointment of an independent lawyer to represent the child.
Developmental, Psychological, Emotional and Cultural Needs
The Court takes into account the potential effects that any proposed orders may have on a child's development and future needs in a range of areas.
Parenting Capacity
The Court must next evaluate the parents' capacity to meet those needs listed in (3) above. A parent who suffers from a serious mental health illness that interferes with their ability to love and support their child may find it challenging to meet some of their psychological or emotional needs. The Court will take a broad range of factors when determining whether one or both parents are able to meet their child's non-physical needs.
Relationship with Parents
The Court must take into account the “benefit to the child of being able to have a relationship with the child's parents”.
Anything Else
The Court is able to take into account any significant facts regarding the child's situation, regardless of whether they strictly fit into one of the above categories.
If you need assistance with your parenting matter, get in touch today by calling us on (02) 4647 2968.
