According to the Family Law Act 1975, the Australian Family Court takes into account a number of considerations while deciding what’s in the best interests of the child. Above all else, the Act places an emphasis on safeguarding children from emotional and physical danger, ensuring they can form strong bonds with both parents, and protecting them from domestic violence, abuse, and negligence.
When deciding what’s best for a child, the court considers a number of factors, including:
- The child’s perspective and desires (depending on their age and level of maturity)
- Interactions between the child and their parents and other people close to them
- The capacity of each parent to meet their child’s material, psychological, and educational needs.
- How actively each parent has participated in raising their child.
- How the child’s living situation, including their schooling and social network, can vary with time
- Abusive or neglectful behaviour within a family
- The ability of both parents to look out for their child’s best interests while keeping a cordial relationship with each other (barring any circumstances that might make this impossible or unsafe).
A family law experts may be hired by the court to compile a report detailing the child’s situation as well as the opinions and desires of both parents. This report is called a Family Report.
To further safeguard the child’s interests throughout the legal process, the court may further appoint an ICL (Independent Children’s Lawyer).
Every case is different, and the court’s judgement regarding what’s best for the child will be based on that evidence and the specifics of each instance.
When more than one child is involved, how does the court decide?
If there are multiple children involved, the court will consider the best interests of each child while also taking into account the potential effects of any proposed arrangements on the other children. Even within the same family, there may be significant differences in what is considered ideal for the children.
Parenting Orders and Child Relocation
In essence, a parenting order will dictate the following aspects of a child’s life: housing, visitation schedules, communication with the parent they do not live with, educational opportunities, healthcare, and overall well-being, are governed by a parenting order.
The Court must contemplate all relevant factors concerning the child, including the two main ones, before determining whether to issue a parenting order. When deciding on a parenting order, for instance, a child’s “views” may be more heavily examined, particularly if the child is mature enough to make their own decisions and able to articulate their thoughts and feelings clearly.
The nature of the relationship between the parents and the child will also likely be taken into account by the Court. Ultimately, parenting orders may take into account the extent to which one parent provides more care and affection to the child than the other.
Meanwhile, when it comes to a parenting matter, child relocation cases are much like any other. Prioritising the child’s best interests must be the top priority when reaching a final decision.
A parent’s decision to relocate their family and move to a new city in search of better employment prospects may be justified by the court as being in the child’s best interest. On the other hand, if the court suspects that one parent is restricting the other’s visitation rights, it may reject the relocation request.
Balancing each parent’s obligation fairly while looking out for the child’s best interests
When a child is born, both parents are legally responsible for how they are raised. Equal shared parental duty is the starting point unless an order differs from this. This means that any decision that affects the child’s future, whether big or small – needs the approval of both parents.
Some examples of such decisions are a child’s choice of faith, the location of their home (which impacts the amount of time they spend with each parent), the child’s school attendance, and significant health decisions.
For cases when the Court determines that sole parental responsibility is best for the child, such as in cases where there is a history of domestic violence and the parents are unable to resolve their differences, the process can be lengthy and difficult. The child will be further exposed to conflict if either parent lacks the capacity to make big decisions for the child or if the parents are so hostile towards each other that they are forced to make decisions together.
Get advice from an expert family lawyer on what to do next
When it comes to parenting proceedings and exploring your alternatives for care arrangements, our team of seasoned family lawyers are here to help.
Parental proceedings involve complicated and emotionally draining processes. When parents separate, they may find it difficult to reach a mutual agreement on how to best support their child or children. Ideally, parents must always put themselves in the child’s shoes and try to understand what’s best for them. Keep in mind that one child’s best interests may differ from the other. Contact us at Quill Legal today to schedule your free consultation and let us guide you through the legal process with confidence and care!
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At Quill Legal we innovate, educate, and plan to evoke excellence and confidence. Our principal solicitor, Shams, and his team are focused on delivering an honest, first-class service. With Quill legal by your side, you have lawyers who will passionately listen, advise and advocate your rights from start to finish.
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