Family Law Library

How does a court make a decision about children?

The Court considers a wide range of discretionary factors in making decisions about children. The priority of the Court is always to ensure that the best interests of the children are met.

Additional considerations for the Court are:

  • any views expressed by the child;
  • various aspects of the child’s relationship with each parent;
  • the likely effect of any change in the child’s circumstances; and
  • any family violence involving the child or a member of the child’s family.

The extent to which each parent has fulfilled responsibilities in the past is also important.

The Court may also order independent evidence from a Psychologist or Counsellor to assist them in determining which care arrangements will promote the best interests of the children.