Best Interests

Ability to put the needs of the child ahead of individual needs.

Best Interests set out the objects and the principals which underlie the Family Law Act in relation to children, which are to ensure that children’s best interests are met by:

  1. ensuring children have the benefit of both their parents having a meaningful involvement in their lives to the maximum extent consistent with the best interests of the children;
  2. protecting children from physical or psychological harm from being subjected to, or exposed to, abuse, neglect or family violence; and
  3. ensuring that children receive adequate and proper parenting to help them achieve their full potential; and
  4. ensuring that parents fulfil their duties, and meet their responsibilities, concerning the care, welfare and development of their children.

Children’s best interests are the paramount consideration when making a parenting order and how a Court determines what is in a child’s best interests are set out in Section 60CC of the Family Law Act.