What are my child's "best interests"?

A court will put a child's 'best interests' before everything else. 'Best interests' include everything to do with your child's care, welfare and development.

The factors the court takes into consideration include:

  • What the child wants to happen;
  • The kind of relationship the child has with each person involved;
  • The ability of each parent or other person involved to provide for the child's needs;
  • Each parent's attitude to the child; and
  • The likely effect on the child if their circumstances change.

Families are being encouraged to use counselling, mediation and non-court arbitration as much as possible to resolve matters concerning their children. In addition, parents can negotiate:

  • Residence (where the child will live)
  • Contact (when and where the children will visit one or both parents or any other person such as grandparents); and
  • Specific issues - this covers all other aspects relating to the children.

For further information contact one of our lawyers today

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