Parenting And Custody Law Central Coast

In Australia, the courts deal with parenting and custody applications based on a very simple principle which is common to most legal systems around the world.  The Family Law Act 1975 (Cth) (“The Act”) says that the best interests of the children involved are paramount when making decisions about parenting orders.

What is the ‘best interests of the child’?

The act makes it clear that it is in the bests interests of children to have a meaningful relationship with both of their parents and that it is important to protect children from physical and psychological abuse as well as neglect or family violence.  The protection from harm is a more important consideration than the need for a meaningful relationship with both parents.

Other considerations which may affect the court’s judgment about the making of parenting orders are the child’s own views, their relationship with others, the willingness and ability of parents to facilitate the relationship, the effect of separation on the children and their parents, the practical impact of spending time with each parent, the ability of a parent to provide for the child’s needs.  Other considerations can include whether there has been family violence in the relationship and whether the parents have already made provision for the children and participated in decision making about the child including spending time with it.

How do the courts hear parenting applications?

Courts have a broad discretion to make parenting orders and to enforce them when they have been breached.  Applications for parenting orders commonly made at the same time as property settlement applications in cases which are not complicated.