There a large and non-exhaustive range of considerations provided by the Family Law Act 1975 regarding children. The overriding consideration is what is in the children’s best interests.
Section 60CC of the Act goes into further detail as to how a court determines what is in a child’s best interests, there being both primary considerations and many additional consideration, which are non-exhaustive – click here to view Section 60CC
The primary considerations are:
- the benefit to the child of having a meaningful relationship with both parents
- the need to protect the child from physical or psychological harm or being subjected to or exposed to, abuse, neglect or family violence