Parenting Issues
Expert Guidance on Parenting Issues
Supporting families through challenging times with compassionate legal solutions
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Supporting families through challenging times with compassionate legal solutions
Their ages, any special needs they might have and your arrangements for their care before you separated should be taken into consideration when you navigate your kids’ arrangements post separation. Don’t agree to something you think you “should” if you don’t feel it will serve your children’s best interests.
Each case is different but there are a number of factors the Court must consider when deciding what is in a child’s best interests. Recent changes to the Act have streamlined these factors so that safety for children is front and centre.
The factors the Court will consider are:
the safety of the child and people who care for the child (including any history of family violence and family violence orders)
the child’s views
the developmental, psychological, emotional and cultural needs of the child
the capacity of each person who will be responsible for the child to provide for the child’s developmental, psychological, emotional and cultural needs
the benefit to the child of having a relationship with their parents, and other people who are significant to them (e.g. grandparents and siblings), and
anything else that is relevant to the particular circumstances of the child
If the court is making orders about an Aboriginal and/or Torres Strait Islander child, the court will also consider how parenting arrangements will help that child to experience their Aboriginal and Torres Strait Islander culture.
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