When making parenting orders, the most important consideration for the court is what’s in the best interests of the children. No two parenting situations are exactly the same and so there’s no cookie-cutter answer to what is in a child’s “best interests”. The law does, however, list a range of factors that need to be considered when making this determination, such as:
- The need for the child to build a meaningful relationship with each parent
- The need to protect the child from family violence
- How practical the arrangements are
- The capacity of each parent to provide for the physical, emotional and intellectual needs of the child
- Depending on the child’s maturity, their views
A full list of these factors can be found at here.
While applying the above factors to any given custody situation can be complicated, it’s important to consider a common-sense approach, for example:
- If a child is older and more mature, their views are more likely to influence custody arrangements
- If one parent lives far away from the other parent and/or from the child’s school, then it may not be practical for the child to frequently move between houses
- If the parents are unable to communicate at all about the child, then a 50/50 care arrangement may not be appropriate
- If one parent poses an “unacceptable risk of harm” to the child, then it may be appropriate for the child to spend only supervised time with that parent.
Once a “status quo” arrangement is established, it may be more difficult to change in the future. Therefore, it’s critical to first obtain legal advice in what can be a complex area of family law. Our experienced family lawyers in Ringwood and the Eastern suburbs can provide you with expert and tailored advice. Please contact 0421 397 316 or jlok@oikosfamilylaw.com.au for an obligation free chat.
