“Best interests of the child” sits at the centre of parenting law. It’s a practical framework — not a slogan — used to guide decisions about safety, stability, and a child’s ongoing relationships.
Understanding the factors can help parents focus on what the Court is likely to care about, and what kinds of arrangements tend to be viewed as child-focused and workable.
Primary considerations
- The benefit to the child of a meaningful relationship with both parents (where safe and appropriate)
- The need to protect the child from physical or psychological harm (including exposure to family violence)
In many matters, safety considerations weigh heavily. Stable routines and emotional security are often closely linked to a child’s wellbeing.
Additional factors the Court may consider
- The child’s views (depending on age and maturity)
- The nature of the child’s relationship with each parent and significant people
- Each parent’s capacity to meet the child’s needs (emotional, practical, developmental)
- The effect of changes to the child’s circumstances
- Practical issues like routines, distance, and schooling
- A history of caregiving and involvement in day-to-day care
What this means in practice
The best interests framework usually points toward practical arrangements that are consistent, low-conflict, and designed around a child’s real life (school, friends, activities, sleep, and stability).
Where communication is difficult, formalising clear arrangements can reduce repeated disputes — which often benefits children.