When making a parenting Order, the paramount consideration that the Court must take into account is what is in the child’s best interests.
To determine what is in a child’s best interests, the Court must take into account two primary considerations: the benefit to the child of having a meaningful relationship with both parents, and the need to protect the child from physical or psychological harm, and from being subjected to or exposed to abuse, neglect or family violence.
Of these two factors, the Court must give greater consideration to the need to protect the child from harm, and the benefit to the child of having a meaningful relationship with both parents may be outweighed by the need to protect the child from harm.
The Family Law Act, however, does not define what a ‘meaningful relationship’ means. Instead, over time the Courts have developed a number of guiding principles to help separated families understand what it means for a child to have a meaningful relationship with both parents.
A meaningful relationship is one that is important, significant and valuable to the child. No two families are the same, and each child’s needs are assessed individually by taking into account all the circumstances. What constitutes a meaningful relationship for one child of a particular age may look completely different for another child of the same age in a different family and situation. The Court will focus on the future, and assess whether the meaningful relationship is going to benefit the child.
The child does not need to live for half of the time with each parent, or spend a particular amount of time with each parent, to achieve a meaningful relationship. The Court focuses on the quality, rather than quantity of time, in assessing how to promote a meaningful relationship.
Not every child can have a meaningful relationship with each parent, however, and the Court does not presume that there is benefit to every child having a relationship with both of their parents. The Court will assess the nature and quality of the relationship between the child and their parents to work out whether there can be a meaningful relationship with each parent that will benefit the child.
For more information about how you can achieve a meaningful relationship with your child, or promote a meaningful relationship between your child and the other parent please contact us on 02 6225 7040, by email info@rmfamilylaw.com.au or get started online now by clicking here.