Family Law - The Best Interests of a Child

A child’s best interest is the central principle in family law and is the deciding factor in care arrangements following a family breakdown.

Being a parent is not reason enough for the court to grant ongoing primary parental care of a child.

While there is a preference for children to live with and maintain strong relationships with both parents, including through shared care responsibilities, there is no requirement in the law for that to mean equal amounts of time.

There are a range of factors that the Family Court can take into account when making orders in relation to who a child lives, spends time and communicates with, from serious issues like the risk of abuse or neglect, to practical elements like a child’s access to school, friends and support networks.

In extreme cases a parent may not be granted any time with their child, although preventing a child from seeing their parent is a measure of last resort.

In all cases, the child's best interest will trump other considerations, with the primary goal being to ensure children enjoy a safe and secure upbringing.

The court will generally endeavour to have both parties share equally in parental responsibilities.

This does not necessarily mean equal time, but instead seeks to distribute the hard work of child-raising fairly.

Both parents are expected to be involved in all aspects of a child’s life, from their daily routine, discipline, and welfare, to more exciting things like holidays.

The benefits of children remaining in strong contact with grandparents and other significant adults is also considered, with legal avenues available where someone has been excluded from a child's life without good reason.

The consideration of a child’s best interest is ongoing, and where there's substantial changes the court has the power to vary a previous parenting order.

Navigating family law, especially where children are involved, can be challenging, making sound legal advice essential.