Parenting Arrangements

How does the law consider what arrangements may be made in a child’s best interests?

The Family Law Act sets out that when considering parenting orders parties (and the Court) must place the best interests of the child as being the paramount consideration in all parenting matters.

The Family Law Court determines what orders are in a child’s best interests by applying a statutory list of factors, with a strong focus on safety, the child’s views, developmental needs, and the capacity of carers. The process is child-centred, evidence-based, and, where relevant, culturally sensitive, with the child’s best interests always paramount.

The Court is required to consider (some or all) of the below statutory requirements as set out under section 60CC of the Act which have six core factors:

1. Safety: What arrangements would promote the safety (including safety from family violence, abuse, neglect, or other harm) of the child and each person who has care of the child.

2. Child’s Views: Any views expressed by the child.

3. Developmental, Psychological, Emotional, and Cultural Needs: The child’s needs in these areas.

4. Capacity of Carers: The capacity of each person with parental responsibility to provide for the child’s needs.

5. Benefit of Relationships: The benefit to the child of having a relationship with parents and other significant people, where it is safe to do so.

6. Other Relevant Circumstances: Anything else relevant to the particular circumstances of the child.

For Aboriginal or Torres Strait Islander children, the Court must also consider the child’s right to enjoy their culture, including connection with family, community, country, and language.

The Court assesses evidence relating to each of the above factors, including family reports, expert evidence, and the child’s own views (which may be presented through an Independent Children’s Lawyer or family consultant). The Court may appoint an Independent Children’s Lawyer in complex or high-risk matters. The Court must give the greatest weight to the need to protect the child from harm.

The Court is not bound by the rules of evidence in child-related proceedings, allowing for a more flexible and inquisitorial approach.

If you seek further information or representation regarding a parenting dispute, please contact Gannon Family Law to arrange an appointment with one of our experienced solicitors.