"It's in the Best Interests of the Children"
If you haven't already yet, you'll hear this being said by your lawyers, your ex, the Judges and Masters, and everyone that is concerned about the children arising out of your separation. So what does it actually mean?
Section 37 of the Family Law Act outlines that any parenting arrangement or consideration of the court which is determining where, with whom, how the children are going to spend their time after separation must consider the best interests of the children. The list is long as to what the courts take into consideration but can be found in the statute of the FLA here.
In addition to these considerations, the court must assess and consider a list of factors set out in
s. 38 of the Family Law Act to determine whether there is family violence that impacts the best interests of the child.
If you wish to either apply for an order or enter into an agreement with your ex about the Children, then the subjective assessment of considering what is best for the Children must be performed.
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