Child Custody Laws and Child Custody Rights are terms often used when parents seek advice in relation to parenting disputes. When parties make competing parenting applications, the Court is required to consider what is in the best interests of the child.
Child Custody Rights relate to the rights of the subject child, not the parents.
The rights of a child can be summarised into two primary considerations:
- The child’s right to have a meaningful relationship with both parents; and
- The child’s right to be protected from physical or psychological harm from being subjected to, or exposed to, abuse, neglect or family violence.
If the primary considerations conflict then the need to protect the child prevails.
The best interests’ principle is the overarching and paramount consideration in all parenting matters. Primary considerations, together with an extensive and broad list of additional considerations are matters that the Court will take into account when determining what is in the child’s best interest. An experienced family lawyer can advise you on which considerations are relevant to your circumstance.