It is a myth that Judges always award Dads less time with their children or that Mums always have primary care of their children. The Family Act 1975 (“the Act”) requires that orders are made that ensure the best interests of the child. Sometimes this will mean that Mums have primary care, sometimes Dads will be the primary caregiver and sometimes parents will equally share care of their children. 

In determining what arrangements will meet the best interests of a child, there were previously two primary considerations and 14 additional considerations that a Court would take into account. In May 2024, this changed.  There are now only six general considerations  when determining a child’s best interests, set out in the much shorter s 60CC(2) of the Act. These are:

(a) what arrangements would promote the safety of a child and a parent (including safety from being subjected to, or exposed to, family violence, abuse, neglect, or other harm): 

(b) any views expressed by the child; 

(c) the developmental, psychological, emotional, and cultural needs of the child; 

(d) 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; 

(e) 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; 

(f) anything else that is relevant to the particular circumstances of the child.

The inclusion of safety at the very start of the list of factors was deliberate.  

Section 60CC(2A) requires that the court, when considering the matters in s 60CC(2), also consider family violence, specifically: 

  • any history of family violence, abuse or neglect involving the child or a person caring for the child (whether or not the person had parental responsibility for the child); and
  • any family violence order that applies or has applied to the child or a member of the child’s family.

Section 60CC(3) is an additional requirement that the court consider an Aboriginal or Torres Strait Islander child’s right to enjoy their culture and the likely impact of any proposed parenting order on that right.

Please don’t feel you need to face challenging decisions about your child’s future alone.  Contact us today for a confidential initial consultation. Our experienced team can secure an outcome for you that meets the best interests of your children.