It is no easy feat understanding the turmoil and emotional challenge that children endure during a family separation. Whilst lawyers have a duty to their client, child support lawyers will seek to consider the best interests of children as paramount. Child support lawyers understands the court’s perspective and approach to complex family law disputes. Pursuant to section 60CC (2) of the Family Law Act 1975 the Court must have regard to certain primary considerations as set out in the Act, to determine a child’s best interests.
The first takes into account the benefit of the child having a ‘meaningful relationship’ with both of their parents. In Loddington & Derringford (No.2) [2008] the term was classified as ‘healthy, worthwhile and advantageous to the child’. The second primary consideration concerns the need to protect children from ‘physical or psychological harm’. According to a child support lawyer, this means to prevent any exposure to abuse, neglect or family violence. As was held in M v M [1988] HCA 68 at [22], the court should not grant time to a parent if doing so ‘would expose the child to an unacceptable risk of sexual abuse.’
A few additional consideration listed in the Act include:
- Any views a child may have or have expressed, taking into account the maturity and level of understanding of the child.
- The nature of a child’s relationship with each parent or other persons such as a grandparent.
- The extent to which each parent has or hasn’t taken the opportunity to participate in decisions about major long-term issues concerning the child.
- The capacity of each parent or any other person that seeks to provide for the needs of the child both intellectual and emotional.
- Practical difficulty and expenses of a child spending time or communicating with a parent on a regular basis.
- Any history of family violence or family violence orders
- If applicable, a child’s right to enjoy their Aboriginal or Torres Strait Islander culture.
