The term best interests of the child has a special meaning in family law in Australia, and the meaning is changing on the 6th May 2024.
In this video, co-founder of Interact Support Joanne Law briefly explains what the new considerations will be.
Family dispute resolution provides a way for parents to come together safely and discuss the best arrangements that can be made for their children if they are separated.
The Family Dispute Resolution Practitioner must make sure that the best interests of the child are discussed, that the needs of each of your children are considered and that each parent can negotiate freely.
The new Best Interest of the Child Definition
Section 60CC of the family law act 1975 considerations for the best interest of the child are:
(a) The safety for the child (including safety from family violence, abuse, neglect, or other harm) and each person who has care of the child (whether or not a person has parental responsibility for the child)
(b) Any views expressed by the child
(c) The child’s developmental, psychological, emotional and cultural needs
(d) The capacity of each person with parental responsibility to provide for the child’s developmental, psychological, emotional and cultural needs
(e) The benefits to the child of being able to have a relationship with the child’s parents and other people who are significant to the child, where it safe to do so
(f) Anything else that is relevant to the particular circumstances of the child
If the child is an Aboriginal or Torres Strait Islander child also for consideration is their right to enjoy their Aboriginal or Torres Strait Islander culture, by having
- the support, opportunity and encouragement necessary to connect with and maintain their connection with members of their family and with their community, culture, country and language and
- to explore the full extent of that culture, consistent with the child’s age and developmental level and the child’s views to develop a positive appreciation of that culture and the likely impact any proposed parenting order under will have on that right.
Find out more about the Interact Support Online Dispute Resolution