How does the court decide whom the child(ren) will primarily live with?
The court's function is to make parenting orders that are in the children's best interest. These orders consider the following factors:
- To facilitate a meaningful relationship between the child(ren) and both of their parents; and
- To protect the child(ren) from harm:
- The views expressed by the child weighed against the child's maturity and understanding.
- The parental relationship between the child(ren); and other persons.
- Whether the parents are committed to encouraging a healthy relationship between the child(ren) and the other parent.
- The effects of the proposed changes on the child's circumstances, including separation from parents; or any other child or person they have been living with.
- The practicality and expense associated with access visits and other forms of communication between the child and parents and the effect on the parties.
- The capacity of the parents and other persons to provide for the child's needs.
- The maturity, lifestyle and background of the child(ren) and their parents.
- If the child is Aboriginal or Torres Strait Islander, the right to enjoy their culture with others who share it.
- The attitude of the parents to parenting
- Family violence and family violence Orders
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Other factors the court deems relevant.
The courts will also refer to the age development theory and enforce an age-appropriate order.
Why do you need a lawyer?
In family law matters, the court aims for the child(ren) to have a meaningful relationship with both parents. Courts generally will favour shared parental responsibility without a parenting order. This presumed responsibility requires both parents to jointly decide on things like the schooling and medical treatment of the child. The assessment of parenting arrangements takes time and effort.
Parenting disputes often involve other areas of laws like ADVOs, which increases the difficulty for a good outcome for parents. These situations often require legal assistance to produce the best possible outcomes for each party. Our legal team of solicitors can assist you in these matters.