How a court determines what is in a child’s best interests
Determining child’s best interests (1) Subject to subsection (4), in determining what is in the child’s best interests, the court must: (a) consider the matters set out in subsection (2); and (b) if the child is an Aboriginal or Torres Strait Islander child—also consider the matters set out in subsection (3). General considerations (2) For the purposes of paragraph (1)(a), the court must consider the following matters: (a) what arrangements would promote the safety (including safety from being subjected to, or exposed to, family violence, abuse, neglect, or other harm) of: (i) the child; and (ii) each person who has care of the child (whether or not a person has parental responsibility for the child); (b) any views expressed by the child; (c) the developmental, psychological, emotional and cultural needs of the child; (d) the capacity of each person who has or is proposed to have parental responsibility for the child to provide for the child’s developmental, psychological, emotional and cultural needs; (e) 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; (f) anything else that is relevant to the particular circumstances of the child. (2A) In considering the matters set out in paragraph (2)(a), the court must include consideration of: (a) any history of family violence, abuse or neglect involving the child or a person caring for the child (whether or not the person had parental responsibility for the child); and (b) any family violence order that applies or has applied to the child or a member of the child’s family. Additional considerations—right to enjoy Aboriginal or Torres Strait Islander culture (3) For the purposes of paragraph (1)(b), the court must consider the following matters: (a) the child’s right to enjoy the child’s Aboriginal or Torres Strait Islander culture, by having the support, opportunity and encouragement necessary: (i) to connect with, and maintain their connection with, members of their family and with their community, culture, country and language; and (ii) to explore the full extent of that culture, consistent with the child’s age and developmental level and the child’s views; and (iii) to develop a positive appreciation of that culture; and (b) the likely impact any proposed parenting order under this Part will have on that right. Consent orders (4) If the court is considering whether to make an order with the consent of all the parties to the proceedings, the court may, but is not required to, have regard to all or any of the matters set out in subsection (2) or (3).
Sourced from the Federal Register of Legislation at 26 May 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au. Verify the current text against the official source before relying on it.
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