Skip to content
Bennett Carroll Solicitors- Legal Problem Solvers- Queensland Lawyers - Header Logo
  • Home
  • About Us
    • About Us
    • Meet the Team
  • Practice Areas
    • Commercial & Business
      • Commercial & Business Law
      • Business Partnership Disputes
      • Building & Construction Law
    • Family Law
      • Family Law
      • Family Law Involving Business
    • Wills + Estates
      • Wills + Estates Overview
      • Wills + Planning
      • Managing an Estate
      • Will + Estate Disputes
    • Conveyancing
      • Conveyancing + Property Law
      • Real Estate Agents
    • Criminal + Litigation
      • Litigation
      • Criminal + Traffic Law
  • Resources
    • Advice + Articles
    • Free Legal Health Check
    • Toolkits & Guides
    • Help Choosing a Law Firm
    • 10 Awkward Questions
  • Contact Us
  • Home
  • About Us
    • About Us
    • Meet the Team
  • Practice Areas
    • Commercial & Business
      • Commercial & Business Law
      • Business Partnership Disputes
      • Building & Construction Law
    • Family Law
      • Family Law
      • Family Law Involving Business
    • Wills + Estates
      • Wills + Estates Overview
      • Wills + Planning
      • Managing an Estate
      • Will + Estate Disputes
    • Conveyancing
      • Conveyancing + Property Law
      • Real Estate Agents
    • Criminal + Litigation
      • Litigation
      • Criminal + Traffic Law
  • Resources
    • Advice + Articles
    • Free Legal Health Check
    • Toolkits & Guides
    • Help Choosing a Law Firm
    • 10 Awkward Questions
  • Contact Us
Advice & Articles

“A Child’s Best Interests” – The Court’s Perspective

  • Published: 14 April 2022
  • Last Updated: 22 May 2024

Going to court is never a pleasant experience and it is even less pleasant when the matter is before the family court because tensions are high and children are often involved.  In such circumstances, the utmost concern of the court is the wellbeing and best interests of the child.  The phrase ‘best interests’ is necessarily broad to encompass as wide an area as possible, but remains underpinned by 2 primary considerations:

  • The benefit of the child having a meaningful relationship with both parents; and
  • The need to protect the child from physical or psychological harm from being subject to or exposed to abuse, neglect of family violence.

 

A full list of the additional considerations are set out in the Family Law Act and are dependant on each case before the court.   These typically include, any views expressed by the child in conjunction with their age and maturity level, their relationship with their parents, the capacity of their parents to provide for the child’s needs and the likely effect of any changes in the child’s circumstances and living arrangements.

 

Another consideration to be made is the lifestyle and culture of the child and any other such characteristics thought to be relevant.  This is especially applicable to Aboriginal and Torres Strait Islander children, as special consideration must be made for the child to enjoy their Indigenous culture with others who share that culture in their community.

 

Also, consideration must be taken as to the legal history of any of the parents or family members of the child, namely domestic/family violence orders.  If there is a family violence order in place or there has been in the past on one of their family members, this can strongly influence the court to make a consent order against the particular person.

 

While there are quite a number of considerations to be made in determining the ‘best interests’ of the child, the court is fundamentally guided by the benefit of having a meaningful relationship with both parents, and protecting the child from physical or psychological harm in all forms.  The extra considerations will carry their own weight in influencing the decision on a case by case basis but it is the 2 principles above that outline what it means to act in the child’s best interests.

Call us on 1300 334 566 or email info@bcglaw.com.au and safeguard your interests every step of the way- We are your legal problem solvers.

“A Child’s Best Interests” – The Court’s Perspective

Related Articles

Do I Need to Update My Will After Divorce or Separation in Queensland?

If you're involved in a parenting dispute in the Federal Circuit and Family Court of Australia, a Family Report can feel daunting. This guide explains what a Family Report is, how it's prepared, what to expect from the process, and practical tips to approach it with confidence, with advice from BCG Law's family law team, serving Queensland since 1974.

What Is a Family Report? A Guide for Queensland Parents

Are you entering a de facto relationship or getting married in QLD and worried about asset protection? Don't leave your property, superannuation, or business to chance. A Binding Financial Agreement (BFA) is the only way to bypass Family Court property settlements. Our Head of Family Law, Samantha, specializes in watertight legal agreements that provide financial certainty and peace of mind. Discover the benefits of a BFA, avoid common legal pitfalls, and get a certified legal advice certificate from our Queensland family lawyers in Brisbane and the Gold Coast.

Binding Financial Agreements Australia | Protect Your Assets

Family Dispute Resolution & Section 60I Certificates- family law advice family lawyer brisbane gold coast sunshine coast queensland benentt carroll solicitors

Family Dispute Resolution & Section 60I Certificates- Family Law Advice Article

Navigating Financial Separation: Options for Business Owners During Divorce

Concerned about what will happen your pet in a breakup? A guide for pet owners on legal rights to companion animals during de facto or marriage separation, including the use of Binding Financial Agreements (BFAs) in Brisbane and Sunshine Coast & Gold Coast. Pet Ownership & Separation Laws Australia | Who Keeps the Dog or Cat?

Who Gets to Keep the Pet? Australian Pet Custody & Property Law Explained

This information is provided for general informational purposes only and does not constitute specific or personal legal advice. Please consult with a qualified member of our team for advice regarding your specific situation.

PrevPreviousIncoming Inheritance During Divorce – Who gets What and Why?
NextSeparation and Vaccination – Can my ex legally vaccinate my child without my consent?Next
Serving Clients Across Queensland
Bennett Carroll Solicitors is a proud member of the Queensland Law Society (QLS)

Practice areas

  • Commercial + Business
  • Litigation
  • Family Law
  • Wills + Estates
  • Conveyancing
  • Building + Construction Law
  • Criminal + Traffic

learn more

  • About Us
  • Meet the Team
  • Advice + Articles
  • Contact Us
  • LinkedIn
  • Instagram
  • Facebook

Our Office Locations in SEQ - click to view

  • Brisbane North - Stafford
  • Brisbane South - Upper Mount Gravatt
  • Sunshine Coast - Kawana Waters
  • Gold Coast - Mermaid Beach
  • Ipswich- By Appointment Only
  • Brisbane Central- By Appointment Only

Get In Touch

  • 1300 334 566
  • Click to Email
  • 8.30am - 5pm Monday - Friday
  • Chat With Us (Bottom of this page)
  • Bennett Carroll Solicitors
  • 1300 334 566
Copyright 2025 © Bennett Carroll Solicitors | All rights reserved | Privacy Policy