When parents separate, one of the most important questions to answer is what arrangements are going to work best for the children. This can come into play in all kinds of family law matters, from parenting schedules and school decisions through to bigger questions about where a child lives and who they spend time with.
But what does “best interests of the child” actually mean in practice? It’s a phrase that gets used often in family law, but many parents are unsure what it really involves.
Let’s take a closer look what is considered the best interests of the child.
What Is Considered the Best Interests of the Child?
In Australian family law, the best interests of the child is the guiding principle used when making parenting decisions after separation or divorce. In simple terms, it means that decisions should be made based on what is best for the child, not what’s easiest, most convenient, or most preferred by the adults involved.
This principle should be your primary focus whenever parenting arrangements are being discussed or decided. Whether you’re working things out informally with your co-parent, attending family mediation, or dealing with court proceedings, the child’s wellbeing should remain at the centre of every conversation. That includes their safety, emotional security, routine, development, and relationships.
It is not about one parent “winning” or “losing”, but about creating arrangements that support the child’s needs now and into the future.
Who Needs To Consider the Best Interests of the Child?
The best interests of the child is not something that only applies in Family Court. It’s something that should be considered by everyone involved in making or influencing decisions about a child’s care and future after separation.
Parents are usually the first and most important people responsible for this. Even when emotions are running high, both parents should try to approach decisions by asking what will genuinely support their child’s wellbeing. This can include day-to-day care, schooling, communication, routines, and how conflict is managed around the child.
Extended family members may also need to keep the child’s best interests in mind, especially where grandparents or other relatives are closely involved in the child’s life. Family lawyers have a role too, as they help parents understand their legal obligations and guide them towards arrangements that are child-focused and workable.
If a matter reaches court, the judge will make decisions based on what they believe is in the child’s best interests under the law. So, while the phrase is often associated with legal proceedings, it is something that should shape decision-making well before that point.
What Factors Determine the Best Interests of the Child?
There is no single checklist that applies to every family, because every child and every situation is different. However, there are a number of important factors that can help determine what is in a child’s best interests.
Safety is always one of the most important considerations. A child should be protected from harm, exposure to family violence, abuse, neglect, or unsafe environments. Stability is also a major factor, as children often benefit from routines, predictability, and consistency during what can be a very uncertain time.
A child’s developmental and emotional needs are also important. Younger children may need a different structure and level of care than older children or teenagers. Emotional wellbeing matters just as much as physical care, including feeling secure, supported, and connected to the people who matter to them.
Cultural identity can also play a role, particularly where a child has Aboriginal or Torres Strait Islander heritage or other meaningful cultural, religious, or community connections. The law also recognises the benefit to children of having a meaningful relationship with both parents, where it is safe and appropriate. Ultimately, the focus is on what will best support the child’s overall wellbeing, not just in the short term but as they grow.
What Does The Court Consider?
If parents cannot agree on parenting arrangements and the matter goes to court, the court will look closely at the child’s circumstances and what outcome is most likely to support their best interests. The court is not there to decide who is the “better” parent in a general sense, but rather what arrangements are best for the child involved.
This can include major decisions about the child’s life, such as schooling, health, religion, and where the child lives. The court will also consider each parent’s ability to care for the child and meet their needs on a practical and emotional level. That includes things like communication, decision-making, reliability, insight into the child’s needs, and capacity to provide a safe and stable home environment.
The child’s safety is a central consideration, particularly if there are concerns about family violence, abuse, substance misuse, or other risk factors. Depending on the child’s age and maturity, the court may also consider the child’s views, although this is only one part of the overall picture. Family relationships can matter too, including the child’s relationship with siblings, grandparents, and other significant people in their life. The court will look at all of these factors together to determine what arrangement best promotes the child’s wellbeing.
How Are Parenting Decisions Considered for Multiple Children?
If there is more than one child in the family, parenting decisions are not always as simple as applying the same arrangement across the board. While siblings often share many of the same needs and family dynamics, the court understands that each child is an individual and may require different things depending on their age, personality, developmental stage, emotional needs, and relationship with each parent.
For example, what works well for a teenager may not be suitable for a younger child. One child may cope well with frequent transitions between households, while another may need more routine and consistency. One sibling may have additional health, learning, or emotional support needs that require a more tailored arrangement.
The court will also consider how any proposed arrangement affects the children as a group. Sibling relationships are often very important, and keeping brothers and sisters together where possible can be a significant consideration. However, that does not mean every child’s arrangement must be identical. The court’s job is to look at what is in the best interests of each individual child, while also taking into account the practical and emotional impact on the wider family unit.
The best interests of the child is one of the most important principles in family law, and it should remain front of mind whenever parenting arrangements are being discussed after separation. While the idea sounds straightforward, applying it to real-life parenting decisions can be much more complex, especially when emotions are high or there are concerns about safety, communication, or differing views about what is best.
If you are navigating separation or divorce and need guidance around parenting arrangements, child support or child custody issues, speaking with experienced family lawyers in Perth can help.
At Hickman Family Lawyers, we offer a free 15-minute no obligation information call if you would like to discuss getting legal help with your separation or divorce.
