What it means
Under the Family Law Act 1975 (Cth), the best interests of the child is the paramount consideration in all parenting decisions. Courts weigh factors such as the safety of the child and carers, the child's views, the benefit of meaningful relationships with both parents, the child's developmental and emotional needs, and any history of family violence. Following 2024 reforms, the law sets out a streamlined list of best-interests factors, with safety from family violence and harm given particular emphasis. The same principle applies whether parents were married or in a de facto relationship.
How it's used
The judge explained that the children's safety and stability, not the parents' preferences, determined what was in the best interests of the child.