The law recognises that in most cases the best people to decide what is best for children are the children’s parents. But what happens when parents can’t agree? Unless a child is at risk of serious harm or there are issues of domestic violence parties are expected to resolve their differences by attending mediation.
Only when a dispute is intractable and has not been resolved by counselling or mediation can parties approach the Court for assistance in determining what is in their particular child’s best interests.
The law as set out in section 60 CC of the Family Law Act details the issues that need to be considered by a court. The primary considerations are the benefit to the child of having a meaningful relationship with both parents and the need to protect the child from physical or psychological harm.