This concept places children at the centre of every decision. It is not about what parents want, or what seems fair from an adult’s perspective, but rather about ensuring that a child’s needs, emotional, physical, and developmental, are prioritised above all else. The overarching aim is to promote a child’s wellbeing and to provide them with a safe, stable, and supportive environment in which to grow.

Under the Family Law Act 1975, the court weighs up a range of factors when deciding what is in a child’s best interests. Some of the key considerations include:

The benefit of maintaining a meaningful relationship with both parents 
As long as it is safe, the law recognises the value of children having ongoing and positive relationships with both parents.

The need to protect children from harm
Protecting children from physical or psychological harm, including exposure to family violence, neglect, or abuse, is given the highest priority and will outweigh other considerations if there is a conflict.

The child’s views
Depending on their age, maturity, and ability to understand, a child’s wishes may be considered by the court. These views are often gathered through a family report or an independent children’s lawyer, rather than the child speaking directly in court.

Practical factors
These include the capacity of each parent to meet the child’s needs, the effect of any changes in living arrangements, the location of each parent’s home, and the child’s schooling and community connections.

Cultural connections
For Aboriginal and Torres Strait Islander children in particular, the court will consider the importance of maintaining cultural identity, traditions, and community ties.

By focusing on the child’s best interests, the court ensures that children remain at the heart of the process, not drawn into disputes between parents. This principle also provides consistency, offering a clear framework for resolving disagreements about parenting while recognising that each child and family situation is unique.

The ‘best interests of the child’ principle is more than just a legal standard, it’s a reminder that every parenting matter before the court has a lasting impact on a child’s life. While the process can be stressful for parents, the law is designed to help children emerge from family breakdowns with their safety, stability, and wellbeing protected.