Family law and the best interests of the child
family law systemFamily law primarily deals with matters involving separation, parenting and property settlements. A central principal underpinning the spirit of family law is the wellbeing of each child. That is, the best interests of the child or children remain paramount in every matter dealt with by the Court. What is in the best interests of a child will depend on the temperament, desires, relationships, religion and culture of the child, amongst many other factors. When making a parenting order, the Court must examine the impact a decision will have on a child’s right to enjoy their Indigenous culture. Here, the Court will consider:
The Family Law Act has recing what is in the child’s best interests. As of 6 May 2024, when making a parenting ordently been amended to vary section 60CC, which is the provision that guides the Court in determiner, the Court will consider:
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