Under the Australian laws, the paramount consideration shall be given to the best interests of the child which means to ensure that children’s interests are preferred over those of any other party, for example, proper parenting to help them achieve their full potential, and to ensure that parents fulfil their duties regarding care, welfare and development of their children.
With respect to parenting orders and child relocation the court must consider the following factors when assessing what is in the best interests of a child under section 60CC of the Family Law Act:
- What arrangements would promote the safety of the child and of any person who has the care of the child;
- Any views expressed by the child, especially if the child is older and mature enough to make a considered decision on their own;
- The developmental, social, cultural and psychological needs of the child;
- The capacity of each person who is proposed to have parental responsibility for the child to provide for the child’s needs;
- The benefit to the child of having a relation with their parents and other significant person when it is safe for them to do so;
- Anything else that is relevant to the particular circumstances of the child, for example, the relationship between one parent and the child is more nurturing than the other.
However, the court may deny a request to relocate, if the motive for relocation appears to limit the other parent’s access to the child. The above factors are to be considered alongside any history of family violence, abuse or neglect involving the child or a person caring for the child. Any family violence orders that apply must also be considered.
However, in many instances the competing interests of the disputing parents may eclipse the best interests of the child. Holistically, the best interest of the child is that the separation and divorce proceedings shall be determined peacefully and as expeditiously as possible so as to maintain the parental focus towards the child’s development and growth. Please get in touch in case you are concerned about your child’s best interest with respect to a family law issue.
If you or someone you know wish to discuss this issue further, then please do not hesitate to contact us on 02 8999 9809.