In Australia, the best interests of the children are the primary consideration in any decision made by the Court regarding parenting matters.
The Family Law Act 1975 (Cth) sets out a number of factors that the Court must consider when determining the best interests of the child or children. The primary considerations are:
The benefit of the child having a meaningful relationship with both parents.
The need to protect the child from harm, abuse, or family violence.
There are additional considerations that the Court must consider, such as:
The child's views and opinions, taking into account their age and maturity.
The child's relationship with each parent and other significant people, such as grandparents or siblings.
The parents' willingness and ability to facilitate a relationship between the child and the other parent.
The child's physical, emotional, and psychological needs.
The parents' capacity to provide for the child's needs, including their financial capacity.
Any practical difficulties that may affect the child's relationship with either parent.
Any other factors that the court considers relevant to the case.
What constitutes a meaningful relationship between a parent and child under the Family Law Act?
A meaningful relationship does not mean that the child spends equal time with both parents, though ordinarily the child will spend substantial and significant time with both parents.
If there are concerns about the child's safety or wellbeing with one parent, such as allegations of family violence or child abuse, the Court may limit or restrict the child's time with that parent.
When determining what a meaningful relationship with both parents means, the Court will consider the individual circumstances of the matter and assess a range of factors, including:
The child's age, maturity, and development: The court will consider the child's age and their level of maturity and development when determining what kind of relationship they need with each parent.
The child's relationship with each parent before separation: The court will consider the quality and nature of the child's relationship with each parent before separation.
The child's views and opinions: The court may consider the child's views and opinions, taking into account their age and maturity.
The capacity of each parent to provide for the child's needs: The court will consider the parents' capacity to provide for the child's physical, emotional, and psychological needs, including their ability to communicate and cooperate with each other in relation to the child's care.
The child's need for stability and continuity: The court will consider the importance of maintaining stability and continuity in the child's life, including their schooling, home life, and relationships with extended family members.
Any relevant cultural or religious factors: The court will consider any cultural or religious factors that may be relevant to the child's needs and well-being.
Any history of family violence or child abuse: The court will consider any history of family violence or child abuse and the potential impact on the child's safety and well-being.
The Court will consider the above factors when determining what constitutes a meaningful relationship with both parents in each individual case.
To obtain advice specific to your circumstances, please contact our office to schedule a complimentary consultation with a solicitor from our family law team on (07) 5576 9999.
Article by Alexandra Coyle. Family Lawyer at Robbins Watson Solicitors.
Phone: (07) 5576 9999
Email: AlexandraCoyle@robbinswatson.com.au