Description

Whether you’re thinking about or dealing with

  • separation,
  • divorce, or
  • parenting

You might want to know or you might need to know how the courts determine outcomes for children for

same sex couples

unwed couples or

married couple

 

Contact Freadman lawyers today for trusted advice tailored to your family’s unique needs. Your child’s best interests are our priority

 

If you want we will take the burden of knowing the law from your shoulders . But if you wish also to know a little about the law please read on.

 

In 2025, this guiding concept under the Family Law Act 1975 First place goes to ensuring the safety, welfare, and wellbeing of children or child.

 

The phrase “best interests of the child” is important in  ‘parenting decisions’.

Parenting Decisions are about where children or a child will live; who will take care of the child; who will make short term and long term decisions for the child and many more matters regarding children or a child such as health care, education, religion always aiming for the best interests of the child

 

Understanding “The Best Interests of The Child”

The court works out what is the best interest of the child by looking at 6 matters:

  1. Arrangements to promote the safety of the child and each person who has care of the child. In considering this matter the Court must include in its considerations (a) any history of family violence or neglect and (b) any family violent order that applies or has applied to the child or member of the family
  2. any views expressed by the child for the purposes of matter there are additional specific issues the court must consider with respect to Aboriginal or Torres strait Islander culture
  3. the developmental needs of the child
  4. The capacity of each person who has or is proposed to have parental responsibility for the child
  5. The benefit to the child of being able to have a relationship with the child’s parents and other people where it is safe to do so 6. Anything else which is relevant.

 

There is a particular part of the law that talks consent orders In which all the parties agree upon what they want the court to say. We encourage the early resolution of all family matters and if possible resolution consent orders. Obviously, this is not always possible in which case we will fight hard for our client.

 

Shared Parental Responsibility is different from Equal Time

It is easily to become confused about the meaning of shared parental responsibility and parents having equal time with children or a child.  Parental responsibility refers to decision-making authority—not time spent.

  • An order equal shared parental responsibility is based on the child’s best interests, but that does not automatically lead to equal time arrangements. Parental responsibility includes decision making regarding the child; i.e. accommodation, schooling, medical and religious. Once major decisions have been made then you turn to how is this going work.
  • Time arrangements are based on the child’s best interests, including their emotional needs, schooling, and established routines; ie with whom will the child spend time; how much time how often will the child stay overnight

How Courts Decide Parenting Orders

When parents cannot agree, the court may issue parenting orders that set out who the child lives with, spends time with, and how parental responsibilities are divided. The decision-making process evaluates:

  • The child’s emotional and psychological needs
  • The ability of each parent to meet those needs
  • Any history of family violence or abuse
  • The effect of any changes in living arrangements
  • The child’s relationship with each parent and other significant people

Best Interests Aren’t One-Size-Fits-All

No two families are alike, and what’s in the best interests of one child may not apply to another. The law in 2025 reflects this by encouraging flexible parenting arrangements tailored to each child’s unique circumstances. These may include:

  • Supervised contact for one parent if there are safety concerns
  • Living primarily with one parent, but maintaining contact with the other
  • Rotating residence schedules, particularly for older children
  • Culturally sensitive arrangements for Aboriginal and Torres Strait Islander children

Alternative Dispute Resolution & Mediation

Before attending court, families are encouraged to resolve parenting issues through family dispute resolution (FDR), such as mediation. Not only is this often less costly and faster, but it also promotes cooperative parenting.

Freadman Lawyers.

If you’re thinking about or dealing with a family law matter contact Freadman Lawyers.