Family Lawyer

Australian law dictates that children have a right to spend time with both parents and to be protected from harm. There are a number of factors that the court will take into account when determining what is in the best interests of the child, including:

• The child’s views and preferences (if they are old enough to express a view).
• The child’s relationship with each parent and other significant people in their life.
• The child’s need for stability and routine.
• Each parent’s capacity to provide for the child’s needs.
• The child’s physical and mental health.
• Any family violence perpetrated by either parent.
• Whether each parent has taken or failed to take an active role in the child’s life
• Whether children are of Aboriginal or Torres Strait Islander descent, and if so, the importance of their connection to their culture.

The court will also take into account any other relevant factor that it considers relevant to the child’s best interests. In cases where there are allegations of family violence or child abuse, the court will give these considerations greater weight.