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Parenting: 10 Key Factors a Court Looks at in Child Custody Cases

Here are 10 key factors that family law courts look at in parenting cases:


An image reflecting on a family before things change and reflecting on what happens when a family relationship changes.
What happens to children when family relationships change?

  1. The court's paramount duty is to act in the child's best interests. This means the court can broadly consider each child and their circumstances in making any decisions.


  2. The arrangements that promote the safety (from family violence, abuse, neglect, or other harm) of

    1. the child; and

    2. each person who has care of the child (whether or not that person has parental responsibility for the child).


    The court must consider the child's safety and the safety of the parents and other people who care for the child. Safety means from family violence such as assault, sexual assault, stalking, repeated derogatory taunts, harassment, intentionally damaging or destroying property, deliberately causing death or injury to an animal, financial abuse, coercive control, stopping someone from seeing family or friends or engaging in their culture.


  3. The view of the child.

    The court will consider the child's view while also considering the child's age, level of maturity and understanding, relationship with each parent, and any other relevant information.


    The child's views may be ascertained from multiple sources, including the parenting arrangements in place, anything the child has said or done, counselling records, an Independent Children's Lawyer (if appointed) following their meeting with the child and a family report.


  4. The developmental, psychological, emotional and cultural needs of the child.

    The court will be child-focused, and considerations will include the child's developmental needs, lifestyle, mental health, education, school reports, medical conditions, special needs, disabilities, sporting achievements, extracurricular activities, special interests, hobbies, cultural background, and traditions.


  5. The capacity of each parent\carer of the child to provide for the child's developmental, psychological, emotional and cultural needs.

    The court will look at each person who will have parental responsibility for the child and that person's capacity to meet the child's developmental, psychological, emotional and cultural needs. This allows broad consideration, including a parent's attitude, mental health, emotional capacity to meet the child's needs, the parent's relationship with the child, the parent's knowledge of the child's needs, the parent's willingness to support or meet the child's needs including any special needs, lifestyle factors and parental incapacity.


  6. The benefit to the child of being able to have a relationship with the child's parents and other people who are significant to the child, where it is safe to do so.

    The court will consider the child's relationships with parents and others such as siblings, grandparents, family members and friends and how these relationships will be affected by any decisions made based on the child's best interests.


  7. In Australia, the court must also consider if a child is Aboriginal or Torres Strait Islander and consider the child's right to connect with members of their family, community, culture, country and language.


  8. The court will consider any intervention orders, history of family violence, criminal charges and the risk of family violence based on all available information, as the court has to act in the best interest of the child, including by ensuring their safety.


  9. If a family law court makes parenting orders, it must consider the most recent parenting plan agreed to and implemented by the parents if this would be in the child's best interest.


  10. A court in Australia can consider any reasonable fact or circumstance that will give effect to the Convention of the Rights of the Child without discrimination of any kind, irrespective of the child's or his or her parent's or legal guardian's race, colour, sex, language, religion, political or other opinion, national, ethnic or social origin, property, disability, birth or other status.


    Parenting matters consider a broad range of circumstances. It is best to obtain advice from experienced and dedicated family lawyers. Contact Freemont Family Lawyers through the form below to speak to highly experienced family lawyers who can help you.






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