I am going through a family break up and want custody of my children. I understand that when making this kind of decision the court will consider the ‘best interests of the child’. What does this mean?
Lawyer Answers (1): Answers from lawyers are general preliminary responses. They are not formal legal advice and cannot taken account of all your circumstances. They do not create a lawyer–client relationship.
Answer by Kate Dodgson, Brisbane 4000 Qld
- The best interests of the child is a concept found in the Convention on the Rights of the Child (CROC).
- Article 3 holds that the best interests of the child shall be a primary consideration in all actions concerning children, whether undertaken by
- public or private social welfare institutions,
- courts of law,
- administrative authorities or
- legislative bodies.
- The Family Law Act 1975 requires that the best interests of the child are to be paramount when determining parenting orders.
- Section 60CC of the Act explains how a court determines what is in the best interests of the child.
- For assistance in this area you should contact a lawyer who specialises in family law as your case is unlikely to raise international human rights issues.