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what does the best interests of the child mean?

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?
Asked in Newcastle - Newcastle and Lake Macquarie, NSW, 23-09-2014
1 Lawyer Answered
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.

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