Many people see parenting matters as the messy side of Family Law. In truth, they are only difficult because there are so many competing interests to be considered, such as the children themselves, the parents and the extended family. Parties are usually more invested in the outcome of a parenting matter than a property settlement, and rightly so – this is your children we are talking about! However, this is often to the detriment of one key principle which forms the bedrock of Family Law. The best interests of the children.
According to section 60CA of the Family Law Act the paramount consideration of the Court when determining whether to make or not make a parenting order MUST be the best interests of the child. It is important to note that this principle is non-negotiable.
What does this mean for your matter?
When trying to devise a parenting plan or parenting orders to submit to the court, you need to put your child’s interests first. This may mean compromising on certain things you would like in the orders. It definitely means placing your child’s wellbeing, dignity and relationship with each parent ahead of your own convenience or desires. The consequences of failing to do this are simple; the Court will not approve your application for Consent Orders. Moreover, showing consistent disregard for the best interests of your children may prove problematic in the future if the parenting arrangement changes and you need to apply to the court again.
The Court gives reference to specific criteria when determining the best interests of the child. To find out more, visit the second blog post in this two part series Think of the Children! Defining Best Interests..
If you have further questions, please contact us at frank@franklaw.com.au.
This is not legal advice.