PART 1: What does "in a child's best interest" mean in a Family Law matter? - 4 Part Series

How does a Court determine what is in a child’s best interests?

It is important to remember that the Court’s paramount consideration when making a parenting order is what is in the child’s best interests. So how does the Court determine this?

The Court’s focus is on the rights of the child and the parent’s responsibilities towards their children and not on parental rights. The Court seeks to ensure that children enjoy a meaningful relationship with each of their parents and that they are protected from harm.

Section 60CC of the Family Law Act 1975 is the section of the Act which outlines what the Court considers when determining what is in a child’s best interests.

Part 2 of our 4 part series will discuss what the Court’s main consideration is when making its determination.