In any family law matters concerning children, the most crucial consideration is that all decisions are made in their best interests. It means that parents are expected to focus on their children’s wellbeing rather than on the issues that have led to the breakdown of their relationship.
The concept of children’s best interests is based on the need to protect their rights and promote their welfare, allowing them to reach their full potential. In family law, these two key considerations are often expressed as:
1.The children’s right to have meaningful relationships with both parents
2.The children’s right to be protected from harm, including abuse, neglect, or violence
When working out children’s best interests, Australian family laws require that a court must consider a range of factors, including:
· The children’s wishes
· The nature of their relationship with both parents and other significant people
· How a change of circumstances will impact the children
· Each parent’s ability to meet the children’s needs
· The age, lifestyle, culture, and traditions of the children
· The risk of harm to the children