What does 'best interests of the child' actually mean?

It is the governing test in every parenting case, and it is often misunderstood as a vague judicial preference. It is not. The legislation sets out specific factors.

The factors

• The child's needs, given their age and stage of development
• The nature and strength of the child's relationship with each parent, siblings and other significant people
• Each parent's willingness to support the child's relationship with the other parent
• The history of care for the child
• The child's views and preferences, weighted by age and maturity
• The child's cultural, linguistic, religious and heritage background
• Any plans for the child's care
• Each parent's ability and willingness to meet the child's needs
• Any family violence and its impact
• Any civil or criminal proceedings relevant to the child's safety

The factor people underestimate

Willingness to support the child's relationship with the other parent carries real weight. A parent who undermines that relationship, or who cannot resist criticising the other in front of the children, damages their own position — often without realising it.

The child's voice

Older children's views matter more, but no child decides alone. Courts look at whether a view is independently held or has been shaped by a parent. Where a child's perspective is important, it is usually put before the court through a professional rather than by the child attending.