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Australian Family Law — General Information

What does best interests of the child mean?

Short Answer

It means the court decides parenting arrangements based on what is safest and best for the child's wellbeing. Protection from harm is the primary consideration.

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The Legal Position

The test is set out in s 60CA and s 60CC. The primary consideration is protection from harm. The court also considers the benefit of a meaningful relationship with both parents, the child's views (depending on age), and practical factors like schooling and living arrangements.

  • s 60CA Family Law Act 1975 (Cth)
  • s 60CC Family Law Act 1975 (Cth)

Watch

Best interests questioned without evidence

Parental rights and child welfare

Safety and harm assessment criteria

What best interests means in court

Child welfare and parental conflict impact

Best interests and both parents relationship

Understanding best interests standard

Breastfeeding and child's best interests

Understanding what courts actually look at helps you prepare the right evidence.

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Related Questions

Do courts favour mothers in Australia?What happens at family court the first time?What evidence helps in a custody case?Going To Family Court — what to do next
Fair Dinkum Legal is a document preparation platform, not a law firm. This information is general in nature and does not constitute legal advice. Read full disclaimer →