The Family Court of Australia determines what is in the best interests of the child by considering a range of factors set out in the Family Law Act 1975. The Act prioritizes the need to protect the child from physical or psychological harm, as well as the right of the child to have a meaningful relationship with both parents, and to be protected from being subjected or exposed to abuse, neglect or family violence.

Some of the factors that the court takes into account when determining what is in the best interests of the child include:

  1. The child’s views and wishes (depending on their age and level of maturity)
  2. The child’s relationship with each parent and other significant people in their life
  3. Each parent’s ability to provide for the child’s physical, emotional, and educational needs.
  4. The level of involvement each parent has had in the child’s life.
  5. The impact of any changes to the child’s living arrangements, including their schooling and social network
  6. Any family violence, abuse, or neglect
  7. The capacity of each parent to promote the child’s best interests, and to maintain a positive relationship with the other parent (unless it is not safe or practical to do so).

The court may also order a Family Report, which is a document prepared by a family consultant that includes information about the child’s circumstances and the views and wishes of each parent. Additionally, the court may appoint an Independent Children’s Lawyer (ICL) to represent the child’s best interests during the legal proceedings.

Ultimately, the court’s decision about what is in the best interests of the child will be based on all of the available evidence and will depend on the unique circumstances of each case.

About Quill Legal

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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    A big thank you to Quill Legal for all their hard work relating to my family matter.

    An absolute awesome team lead by Shams. You weren't just my solicitors, you were also my shoulder I could lean on. You took on my very complex case and got me the outcome I hoped for. A big thank you to Cindy. You, Shams and the team are an absolute gem!!

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    Daniel Moy

    I was stressed out about a complex traffic infringement. I reached out to Shams at Quill and that stress went away.

    Jennifer was given my case and touched base with me constantly. I was never left wondering what was going on with my case. At court jennifer was professional and got up and did an amazing. The best possible outcome was achieved for me. It was a such a relief to hear the words come out of the judges mouth. I walked out of court a happy man. It was all because of the team at quill. If you haven’t pick up the phone and called Shams, Jennifer and the team at quill to represent you, then you called the wrong law firm.

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    Jennifer and team helped me in one of my hardest times in life related to personal matter in family, the outcome was positive which help me come out mentally, emotionally, professionally strong. Thank you!

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    Shams and his team were 'the rock' when they handled my Family Law Matter.

    He was always available to discuss options that we formulated or were presented, approachable either in his office or over the phone and very reasonable in terms of the costs that related to my matter. Shams is the right person and Quill as a firm, to consider should you have the need to progress with your own Family Law matter. Thank You Shams!

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