When a Court is making a parenting Order, the Family Law Act 1975 requires it to regard the best interest of the child as their paramount consideration.
At RM Law, we encourage our clients to adopt this principle when deciding what is the best parenting arrangements for their children.
So, one may ask what is in the best interest of the child? When the Court makes a determination, it takes into account of the following:
1) Primary considerations such as determining the benefit to child of having a meaningful relationship with both parents and the need to protect the child from any form of harm such as physical, psychological, abuse, neglect and/or family violence. The need to protect a child from any form of harm, including family violence and abuse, would override all other considerations.
2) Additional considerations such as the child’s relationship with the parents, the child’s views subject to their maturity level, the parent’s ability to provide for the child’s physical, emotional and intellectual needs, the extent of the parental responsibilities that the parties have fulfilled in relation to the child, the likely effect on the child of changed circumstances and other additional considerations.
As a parent, we all want to protect the best interests of our children. However, parenting matters can be complex, and you should always seek legal assistance for clarification. Contact RM Law today at 0426 787 840 for a confidential consultation!