When making any court orders, child support or maintenance arrangements, the court must always consider the best interests of the child. This concept is not only confined to determining child maintenance, but must be considered in all child matters before any court.
The court considers a number of factors when determining whether or not arrangements are in the best interests of the child. Such factors are outlined in section 60CC of the Family Law Act 1975 (Cth) and include:
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The benefit of the child in having a relationship with both parents.
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The need to protect the child from harm due to any exposure to family violence
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The views of the child (how much maintenance do they think is required?)
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The nature of the relationship between the child and his or her parents, and other relatives, including grandparents, aunts and uncles.
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The willingness and ability of each of the child’s parents to encourage/facilitate a relationship with the other parent.
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Changes in the child’s circumstances including impact on the child of separation from either parent or any other child (brother or sister).
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Practical difficulty and expense in the child spending time and communicating with a parent and whether that will effect the child’s right to maintain contact with both parents.
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The capacity of parents and others to provide for the needs of the child.
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The maturity, sex, lifestyle and background of the child and either of the parents.
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If the child is Aboriginal (in order to accommodate with the child’s right to enjoy his or her culture.
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Any cases of family violence.
How can Prime Lawyers help you?
Our family lawyers understand that the best interests of children are a paramount consideration in any application for maintenance orders and indeed in any matter concerning children. If you are unsure what is in the best interests of your child or are concerned that your child’s best interests may not be taken into account, our family lawyers will be able to assist you in achieving the fairest and best outcome for your child.