Deciding What’s In the Child’s Best Interest for Perth Family Courts

For family law matters in Perth, Western Australia, the best interests of the child are paramount. Parents’ interests may take a backseat to those of the child. What might a court consider when determining what is in the best interests of a child?

The Family Law Act (Cth) 1975 provides that the two primary considerations are:

  1.  The benefit to the child of having a meaningful relationship with both of the child’s parents; and
  2. The need to protect the child from physical or psychological harm from being subjected to, or exposed to, abuse, neglect or family violence.

The Act allows for additional considerations to be looked at to help determine the child’s best interests. These include, but are not limited to:

  1. Any views expressed by the child that the court thinks relevant;
  2. The nature of the relationship of the child with each of their parents or other persons;
  3. The extent to which each of the parents has fulfilled their obligations to maintain the child; and
  4. The extent to which each of the parents has taken the opportunity to participate in decision making about long term issues in relation to the child, in addition to opportunities to communicate and spend time with the child.

The Child’s Best Interests

Before allowing for child relocation in Perth, the Family Court of Western Australia considers the child’s best interests.

The Child’s Best Interests – Relationships

The Court can consider the child’s wishes, depending on the child’s maturity and chronological age.

The Child’s Best Interests – Finances and culture

The Court can consider the child’s parents and any other persons’ capacity to provide for the needs of the child, the maturity, sex, lifestyle and cultural heritage of the child and any other factors that the court thinks are relevant.

Prior to your first appointment, you may send us an email or similar, outlining your situation as you would want to tell us in your first appointment. This information will be read on a complimentary basis prior to your first family law appointment. We get to know you and your family law matter before we meet.

Please note this is not family law advice. It is important to seek advice specific to your circumstances. We are a small, boutique family law firm that has been established for over 20 years. You will receive personalised attention from our Legal practitioner Director supported by very experienced Perth family law para legal and support staff.

Email our Legal Practitioner Director, Shannon Bodeker at info@bodekers.com.au, for your complimentary pre-read and first appointment at a reduced rate.

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