When considering what parenting orders to make concerning a child, the Court considers the child's best interests as the paramount consideration. The Court does not consider parenting arrangements from the perspective of each parent's entitlements or what is considered fair to the parents. The paramount concern is the child's best interests and consideration of parents is generally limited to how decisions may impact their care of the child.
The Court is given a wide discretion when considering what is in a child's best interests. Certain factors must be considered, such as what arrangements promote the safety of the child, the child's views, the needs of the child and each parent's capacity and the benefit to the child of their relationship. The Court however can also take into account whatever it considers to be relevant.
There are no presumptions in favour of certain arrangements, such as an equal time arrangement. The Court can arrive at any answer that it determines to be in the best interests of the child.
It is best when handling a parenting matter to get advice and representation at an early stage. Often, the early arrangements are determinative of what follows and so it is important to ensure the first decisions made are the right ones.
This article is general information, not legal advice. For guidance on your situation, book a confidential consultation.
