Do you have a children's matter in the Family Court?
Sometimes parents who have separated cannot reach an agreement in relation to the arrangements for their children, and as a last resort they seek parenting orders to be made by the Family Court. The objects and principles underlying the decisions made by the Family Court are set out in this blog post.
Objects
The object of the Act is to ensure the best interests of the child is met, including by ensuring their safety.
Six Factors
The Court will consider the following six factors to decide what parenting arrangements will be in the best interests of your child. These factors include:
1. The safety of the child and people who care for the child (including any history of family violence and family violence orders);
2. The child’s views;
3. The developmental, psychological, emotional and cultural needs of the child;
4. The capacity of each person who will be responsible for the child to provide for the child’s developmental, psychological, emotional and cultural needs;
5. The benefit to the child of having a relationship with their parents, and other people who are significant to them (e.g. grandparents and siblings); and
6. anything else that is relevant to the particular circumstances of the child.
The court must consider any history of family violence, abuse or neglect involving the child or a person caring for the child; and any any family violence order that applies or has applies to the child or a member of the child's family.
If relevant, the Court will also consider the child's right to enjoy their Aboriginal or Torres Strait Islander culture.
If you need family law advice in relation to a parenting matter, contact Applecross Family Lawyers on (08) 9364 9915 or 0474 458 340.