Family Law Information for Parents - Family Law Act 60D & 63DA

Family Law Information for Parents regarding Best Interest of the Child and Parenting Plans - Family Law Act 60D & 63DA

Best Interest of the Child

The Family Law Act says, the Best Interest of the Child is the paramount consideration.

The considerations for what are The Best Interest of the Child is best met by:

1. what arrangements would promote the safety (including safety from being subjected to, or exposed to, family violence, abuse, neglect, or other harm) of the child; and each person who has care of the child (whether or not a person has parental responsibility for the child);
2. any views expressed by the child;
3. the developmental, psychological, emotional and cultural needs of the child;
4. the capacity of each person who has or is proposed to have parental responsibility for the child to provide for the child’s developmental, psychological, emotional and cultural needs;
5. the benefit to the child of being able to have a relationship with the child’s parents, and other people who are significant to the child, where it is safe to do so;
6. anything else that is relevant to the particular circumstances of the child.

Additional considerations for Aboriginal or Torres Strait Islander culture

 The child’s right to enjoy the child’s Aboriginal or Torres Strait Islander culture, by having the support, opportunity, and encouragement necessary:

1. to connect with, and maintain their connection with, members of their family and with their community, culture, country, and language; and
2. to explore the full extent of that culture, consistent with the child’s age and developmental level and the child’s views; and
3. to develop a positive appreciation of that culture; and
4. the likely impact any proposed parenting order or parenting plan will have on that right.

Parenting Plans

Parents who have had their relationship breakdown could consider entering into a Parenting Plan in relation to their children. Family Dispute Resolution Practitioners can provide information and other assistance to persons wanting to have a Parenting Plan made.

If a court is being asked to make a Parenting Order in relation to a child, the court will take into consideration the most recent Parenting Plan, if doing so is in the best interests of the child.

If a Parenting Order has been made by a court. Then, after that parent's sign and date a Parenting Plan, that Parenting Plan will dissolve the Parenting Order or as to where it is different unless the court has made a specific order otherwise. 

  A Parenting Plan is an agreement that is:

• in writing
• made between the parents of a child
• signed and dated by the parents of the child
• dealing with parenting arrangements for their child
• made free from any threat, duress, or coercion.

Topics to Consider in your Parenting Plan:

Parental Decision Making for Children

A Parenting Plan may include joint, or seperate, decision making on major long-term issues of the care, welfare or development of the child. It may also include any other aspect of parental decision making for a child and the form of consultations that parents are to have with one another about decisions to be made in the exercise of their responsibility.

Care Arrangements

The amount of time the child spends with each parent parents and other significant people including a grandparent or other relative of the child, recognising that as children grow, their needs change.

Communication

The communication child is to have with parents and other significant people including a grandparent or other relative of the child, may include communication by:

• letter
• telephone
• email
• any other electronic means

Financial Support of the Children

Financial support may cover things like, school fees, costs of out of school sporting or non-sporting activities, private health cover, etc. This is distinct from child support under that Act unless the Parenting Plan is also a child support agreement.

Dispute Resolution

A Parenting Plan can outline the process to be used for resolving disputes about the terms or operation of the plan, and the process to be used for changing the plan to take account of the changing needs or circumstances of the children or the parents.