How Does the Court Decide What is in the Child’s Best Interests in a Family Court Matter?

March 16, 2016 – at 2:51 am – by Bodekers Family Lawyers

For family law matters in Perth, Western Australia, the best interests of the child are paramount. Parent’s interests may take a backseat to those of the child’s. 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 have fulfilled their obligations to maintain the child; and
  4. The extent to which each of the parents have 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.

Matters where children are involved can be complex. If you need legal advice about your children, you may need to promptly seek legal advice from an experienced family law solicitor. We invite you to discuss your particular situation with Shannon Bodeker, who is very experienced in children’s issues.

Prior to your first appointment, you may send us an email, fax or similar, outlining your situation in as much detail as you like. This information will be read on a complimentary basis prior to your first family law appointment.

Please note this is not family law advice. It is important to seek specific family law advice. We are very experienced Perth family law solicitors and can provide you with the very best legal advice regarding de facto property settlement.

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