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
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
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.