When parents can’t agree on parenting arrangements, the Family Court steps in. But what does the court actually look at when deciding where your child lives or how time is shared?

Here’s a plain-English breakdown of the factors the court considers—and how they relate to your real-life situation.

The Golden Rule: The Best Interests of the Child

Under Australian family law, the court’s number one goal is simple:

What is in the child’s best interests?

That’s the lens through which every decision is made.

Key Factors the Court Looks at

1. The Child’s Safety

This is the top priority. The court looks at any risk of:

• Physical harm

• Emotional abuse

• Exposure to family violence

Example: If one parent has a history of shouting or aggression in front of the kids, the court might limit their time or require supervision.

2. The Child’s Relationship with Each Parent

The court considers how close the child is to each parent and other important people in their life (like siblings or grandparents). The aim is to preserve strong, healthy relationships.

Example: A child who spends most days with one parent may find it disruptive to suddenly move homes. The court may order gradual changes instead of sudden ones.

3. Views of the Child

Older children (usually over 10) may have their views taken into account—especially if they’re mature enough to express clear and reasonable preferences.

Example: If a 13-year-old says they feel unsafe at one parent’s home, the court will seriously consider this and may order an independent family report.

4. Parental Capacity

This includes a parent’s ability to:

• Provide food, shelter, and emotional support

• Make decisions in the child’s best interest

• Cooperate with the other parent

Example: If one parent constantly cancels visits or speaks badly about the other parent in front of the child, it could affect their credibility.

5. Willingness to Co-Parent

The court also looks at whether each parent is willing to encourage the child’s relationship with the other parent.

Example: A parent who tries to block access or turn the child against the other parent may not be viewed favourably.

Independent Reports and Assessments

In complex cases, the court may:

• Appoint a Family Consultant to prepare a report

• Assign an Independent Children’s Lawyer (ICL) to represent the child’s best interests

These experts speak with the parents, children, and others to help the judge get a full picture.

Example

Case Study: Balancing Safety and Connection
Emma and Raj separated after years of conflict. Raj wanted equal time, but Emma raised concerns about past controlling behaviour. The court appointed an ICL and ordered a family report. Based on the findings, the judge allowed ongoing contact—but only through supervised visits until Raj completed a parenting program.