Best Interests of the Children

Primary Considerations

Under section 60CC of the Family Law Act, the court considers two primary factors when determining the best interests of the child:

1. The benefit of the child having a meaningful relationship with both parents.

2. The need to protect the child from physical or psychological harm, including abuse, neglect, or family violence.

Secondary Considerations

Additional factors considered by the court, known as secondary considerations, include:

• The child's views, if relevant to their maturity and understanding

• The child's relationship with each parent and other individuals, including grandparents and other relatives

• Each parent's involvement in decision-making regarding the child's major long-term issues

• The likely effect of any changes in the child's circumstances, such as separation from parents or living arrangements

• The practicality and expense of the child seeing each parent

• Each parent's capacity to meet the child's physical, emotional, and intellectual needs

• The right of Aboriginal or Torres Strait Islander children to maintain their cultural identity.

"Meaningful Relationship" Definition

The Act does not provide a definition for "meaningful relationship," but it is a critical factor in determining the child's best interests. In the Sigley & Evor (2011) 44 Fam LR 439 case, the court clarified that a meaningful relationship does not have to be optimal but should be maintained to the extent possible. Our expert family lawyers can help you understand what constitutes a meaningful relationship in your specific case.

How Dhillon Legal Can Help

Parenting order disputes can be emotionally charged and legally complex. At Dhillon Legal, we have extensive experience representing parents in Melbourne and ensuring their child's best interests are protected. Our family lawyers can help you:

• Understand the Family Law Act and its implications for your specific case

• Negotiate and mediate with the other party to reach an agreement that prioritizes your child's well-being

• Represent you in court if necessary to ensure your child's best interests are protected.

Contact Us

Protecting your child's best interests requires expert legal representation. Contact Dhillon Legal today for a consultation with our experienced family lawyers in Melbourne.