Family Law: Best interests of the child (adjective)

Best interests of the child (adjective): legally, the need to protect a child from harm, maintain a meaningful relationship with both parents and other secondary considerations.

The most important factor or consideration in a parenting matter is to protect the best interests of the child or children in question. This should also be a principle parents use when making parenting plans (non-binding private arrangements that are not enforceable in court).

The Family Law Act states that both parents are responsible for a child until the child is aged 18. There is a presumption that the parents will have arranged shared responsibilities and cooperation that is in the best interests of the child.

When deciding what the best interest of the child is, there are a number of factors to consider:

 Primary Considerations

• The need to protect the child from harm and,
• The benefit of the child having a meaningful relationship with both of their parents

According to the law, these primary considerations are the first port of call when determining the best interests of the child. Of these two considerations, the need to protect a child from harm takes priority.

 Additional Considerations

• The child’s maturity and level of understanding
• The child’s relationship with the prominent figures in their life (inc. their immediate family)
• Cooperation between each parent to encourage a close and continuing relationship between the other party and their child.
• The effect on the child due to changed circumstances (eg. no longer living with both their parents and/or other relatives)
• The practicality of a child maintaining the relationship with a parent
• Each parent’s ability to provide for the child’s needs
• Relevant characteristics of the child and of the parents
• Any history of family violence in the family
• The right of an Aboriginal and Torres Strait Islander child to enjoy their culture without boundaries because of a parenting order
• Has each parent previously met their parental responsibilities?
• Any other fact or circumstances the Court deems relevant.

These secondary considerations may also be considered when determining a child’s best interests in a family law matter.

If you have further questions please contact us at frank@franklaw.com.au. 

This is not legal advice.