PARENTING MATTERS
The paramount consideration for the Court when determining parenting applications is the best interest of the child.
The legislative objects of Parenting proceedings are:
- to ensure that the best interests of children are met, including by ensuring their safety; and
- to give effect to the Convention on the Rights of the Child done at New York on 20 November 1989.
HOW A COURT DETERMINES WHAT IS IN A CHILD’S BEST INTERESTS
The Courts consider the following when determining the best interest of a child in a parenting matter:
- what arrangements would promote the safety of:
- the child; and
- each person who has care of the child (whether or not a person has parental responsibility for the child);
- any views expressed by the child;
- the developmental, psychological, emotional, and cultural needs of the child;
- the capacity of each person who has or is proposed to have parental responsibility for the child to provide for the child’s developmental, psychological, emotional, and cultural needs;
- the benefit to the child of being able to have a relationship with the child’s parents, and other people who are significant to the child, where it is safe to do so;
- anything else that is relevant to the particular circumstances of the child.
For a consultation with a Family Lawyer, call AMA Legal on (02) 8610 3764.
