What does the Court consider when making a parenting order for your children?
When deciding how much time a child should spend with each parent, the court considers the parents’ circumstances and what would be in the child’s best interests. There are six factors the court must consider:
1. What arrangements would promote the physical and psychological safety of the children and each person who cares for the children. (This includes considering any exposure to family violence, abuse, neglect or other harm as well as any family violence orders).
2. The views of the child considering their age and level of maturity. (There is no set age when a child can decide where they will live or how much time they will have with the other parent). The court doesn’t usually hear directly from children and children don’t usually go into court. The child’s views are mostly conveyed through a report or an Independent Children’s Lawyer.
3. The developmental, psychological, emotional and cultural needs of the child as well as any special medical or complex emotional needs of the child.
4. The capacity of each person to provide for the child’s developmental, psychological and emotional and cultural needs such as a parent’s working arrangements, appropriate accommodation and capacity to transport the child.
5. The child being able to have a safe relationship with both parents as well as other people who are significant to the child.
6. Any other factors that are relevant to the circumstances of the child.
If a child is Aboriginal or Torres Strait Islander, the court must also consider additional factors such as:
➡️The child’s right to enjoy, understand and appreciate their First Nations’ culture by receiving support, opportunity, development and encouragement; and
➡️Connect with and maintain a connection with family and community members.
You can download our fact sheet here: https://lnkd.in/gyD7wuzU
For 24hr/7day a week domestic and family violence crisis counselling and assistance, contact:
DV CONNECT on 1800 811 811
1800 RESPECT on 1800 737 732
For free legal assistance, call our Helpline on 1800 957 957 from 9am-4:30pm Monday to Friday.