What the court considers when making parenting orders

Parenting Orders and the Child’s Best Interests

An unsettled home life can be extremely challenging for a child, affecting their schooling, emotional well-being, and social development. When a court considers an application for a parenting order, its primary concern is ensuring that the arrangements made are in the child’s best interests.

Equal Shared Parental Responsibility

There is a presumption that both parents have equal shared parental responsibility, except in cases involving child abuse or family violence. If equal responsibility is granted, the court must assess whether spending equal time with both parents is:

• In the child’s best interests
• Reasonably practicable in the circumstances

In some cases, the court may appoint an independent children’s lawyer to represent the child’s best interests during the proceedings.

Key Considerations in Parenting Orders

To determine the best interests of the child, the court considers a range of factors, divided into primary and additional considerations.

Primary Considerations

1. The benefit of the child maintaining a meaningful relationship with both parents.
2. The need to protect the child from physical or psychological harm, including exposure to abuse, neglect, or family violence.

Additional Considerations

• The child’s views, taking into account their maturity and understanding.
• The child’s relationship with each parent and other important individuals.
• Each parent’s involvement in major long-term decisions, time spent with the child, and communication efforts.
• Whether each parent has met their responsibilities in providing for the child.
• The potential impact of changes in the child’s living arrangements, including separation from a parent or other close individuals.
• The practical difficulty and cost of maintaining regular contact with both parents.
• Each parent’s capacity to provide for the child’s emotional, intellectual, and physical needs.
• Cultural considerations, particularly for Aboriginal or Torres Strait Islander children.
• Any history of family violence or the existence of a family violence order.
• Any other relevant factors the court deems necessary.

Seeking Legal Advice on Parenting Orders

Parenting arrangements can be legally complex, and every case is unique. If you need guidance on applying for a parenting order or are already involved in the process, speaking to a family lawyer can help you understand your rights and responsibilities.

For expert legal advice on parenting orders and child custody matters, contact our team today