Parenting Orders: what does the Court consider?

Parenting Orders are dealt with by section 60 of The Family Law Act 1975. The primary concern of the court is the best interests of the child.

The Court will consider the benefit to the child of having a meaningful relationship with both parents, taking into account the need to protect them from any physical or psychological harm, or being exposed to neglect, abuse or family violence.

If the child is old enough, the court will consider their views in a Section 11 F conference. This involves a Family Consultant of the Court and is an apportunity to consider the child’s views.

Alternatively, under Section 62 (G), a Family Assessment Report may be prepared to consider the views of the child. While this report is given significant weight in a trial, it will not solely determine the outcome of the Order.

One of the most important factors the Court must consider is the capacity of a parent to provide for both the emotional and intellectual wellbeing of the child on a daily basis.

After considering all of this, the Court can make a determination on who the child will live or spend time with.

If you are currently going through a separation involving children, speak to Sriyani at Hume Taylor & Co about how she can assist with your Parenting Orders.