Section 60CCBest Interests of the Child

Practical Examples

• Regular communication and time spent with each parent
• Involvement in school events, sports, medical appointments
• Parent facilitates child's relationship with the other parent
• Quality of interaction, not just quantity of time

What Courts Look For

Evidence of genuine engagement—not just physical presence but emotional connection, participation in important life events, consistency in communication, and demonstrated interest in the child's wellbeing

Common Mistakes

Assuming more time automatically means a better relationship. Courts care about QUALITY—a parent who sees their child less but is deeply engaged may score better than a parent with more time but minimal engagement.

Evidence Tips

Keep records of: school involvement (emails with teachers, attendance at parent-teacher interviews), medical appointments attended, photos/videos from special occasions, text messages showing daily engagement, witness statements from family/friends about your involvement

Practical Examples

• Documented family violence incidents (police reports, AVOs)
• Medical records showing injuries or psychological trauma
• Substance abuse affecting parenting capacity
• Neglect of basic needs (food, shelter, supervision, medical care)

What Courts Look For

Objective evidence of risk—not just allegations. Police reports, medical records, Independent Children's Lawyer reports, family violence intervention orders, witness statements, photos/videos, school reports noting concerning behaviour

Common Mistakes

Making vague or unsubstantiated allegations hoping the court will investigate. Courts need EVIDENCE. Crying wolf without proof damages your credibility and can result in costs orders against you.

Evidence Tips

Always report incidents to police (get event numbers), seek medical attention for injuries (creates records), keep a detailed diary with dates/times/witnesses, save threatening messages, photograph any damage or injuries, get statements from people who witnessed concerning behaviour

Practical Examples

• Child's age and maturity level
• Consistency of views over time
• Whether views are child's own or influenced by a parent
• How child expresses preferences (directly, through behaviour, to ICL)

What Courts Look For

Independent Children's Lawyers meet with children to assess their views. Courts consider the child's maturity, whether views are genuinely their own (not coached), consistency over time, and reasons behind preferences

Common Mistakes

Coaching children on what to say to the ICL. Children are smarter than you think—ICLs are trained to detect parental influence. Coached children often give inconsistent answers that damage the coaching parent's case.

Evidence Tips

Never pressure your child about their preferences. If your child genuinely wants to change arrangements, document their unprompted statements, reasons they give, behaviour changes, school counsellor notes, and let the ICL do their job

Practical Examples

• Historical primary carer role
• Who handles day-to-day care (meals, homework, bedtime routines)
• Emotional bond and attachment
• Relationships with siblings, grandparents, extended family

What Courts Look For

Who does the actual parenting work? Not who works to pay bills, but who knows the child's teacher's name, favourite food, friends, fears. Courts assess genuine knowledge of and involvement in the child's daily life

Common Mistakes

Thinking financial provision equals parenting. Earning money is important but doesn't establish a relationship. Courts want to see who feeds, bathes, reads to, comforts, disciplines, and genuinely knows the child

Evidence Tips

Document your daily involvement: school communication records, medical appointment attendance, extracurricular activity involvement, homework help, meal preparation, bedtime routines. Get statements from teachers, coaches, doctors about who they usually deal with

Practical Examples

• Facilitating phone calls, video chats, changeovers
• Speaking positively (or at least neutrally) about the other parent
• Being flexible with extra time when requested
• Encouraging child to have photos, gifts from other parent in their room

What Courts Look For

Evidence of facilitation OR obstruction. Courts heavily penalize parents who gatekeep or alienate. Conversely, parents who actively facilitate the other parent's relationship (even when they don't have to) score well

Common Mistakes

Thinking you can sabotage the other parent's relationship without consequences. Family Reports often catch this—one parent claims they're cooperative while evidence shows they block calls, bad-mouth the other parent, and create barriers

Evidence Tips

Save all communications showing flexibility or obstruction. Document when you offer extra time, facilitate calls, attend events together for the child. If the other parent obstructs, keep records: refused calls, changed locks, badmouthing witnessed by others

Practical Examples

• Impact of removing child from established school, friends, routines
• Effect of reducing time with a parent or family members
• Disruption from changing homes, suburbs, cities
• Stability vs upheaval considerations

What Courts Look For

Courts prefer stability and continuity for children. Proposed changes need strong justification—burden of proof is on the parent seeking the change

Common Mistakes

Proposing major changes (relocation, school change, drastically reduced time with other parent) without compelling evidence it benefits the child. "I got a new job" or "my new partner lives there" rarely justifies disrupting a child's established life

Evidence Tips

If seeking change: expert reports (psychologist, family consultant) supporting the benefit, evidence current arrangements harm the child, detailed transition plan. If opposing change: evidence of child's strong connections to current school/friends/community, stability of current arrangements

Practical Examples

• Distance between parents' homes
• Work schedules and availability
• Transport logistics and costs
• Child's school and activity commitments

What Courts Look For

Realistic, workable arrangements. Courts won't order impossible schedules. Factor in school times, work hours, travel time, child's age and needs

Common Mistakes

Proposing arrangements that look good on paper but are logistically impossible. "Week about shared care" when parents live 2 hours apart and child attends school near one parent won't work

Evidence Tips

Provide detailed schedule showing how proposed arrangements actually work: school drop-off/pick-up times, travel time, work commitments, childcare arrangements if needed. Show you've thought through the practical reality

Practical Examples

• Adequate housing (child has their own space)
• Financial capacity to meet child's needs
• Parenting skills and knowledge
• Physical and mental health to parent effectively

What Courts Look For

Not about who earns more, but who can meet the child's practical needs. Adequate housing, ability to provide meals, supervision, help with homework, emotional support

Common Mistakes

Thinking the wealthier parent automatically wins. A modest but stable home with an engaged parent beats a mansion with an absent parent. Courts care about capacity to PARENT, not income level

Evidence Tips

Photos of child's bedroom/living space, evidence of stable accommodation, references from teachers/doctors about your involvement, completion of parenting courses if beneficial, mental health treatment if needed (shows responsibility)

Practical Examples

• Age-appropriate parenting for infant vs teenager
• Cultural or religious background
• Child's special needs (medical, educational, developmental)
• Adolescent's need for independence and peer relationships

What Courts Look For

Whether each parent can meet the child's specific needs at their current developmental stage. Different children have different needs—one size doesn't fit all

Common Mistakes

Proposing the same arrangement that worked years ago without accounting for child's changed developmental needs. A 3-year-old's needs differ vastly from a 13-year-old's

Evidence Tips

Evidence of understanding child's current needs: for younger children, attachment to primary carer; for school-age, involvement in education; for teenagers, respect for their autonomy and peer relationships. Expert reports if child has special needs

Practical Examples

• Connection to Country and community
• Participation in cultural practices and ceremonies
• Relationship with Aboriginal or Torres Strait Islander family and kin
• Cultural education and language

What Courts Look For

Evidence of the child's connection to their Aboriginal or Torres Strait Islander heritage and steps each parent takes to maintain and foster that connection

Common Mistakes

Non-Indigenous parents dismissing the importance of cultural connection or failing to facilitate it. Courts take Indigenous cultural rights seriously—failure to support this can significantly impact parenting arrangements

Evidence Tips

Document involvement in cultural activities, relationships with Indigenous family members, attendance at community events, cultural education efforts. Get statements from Indigenous family members and community leaders about each parent's support for cultural connection

Practical Examples

• Demonstrated commitment to child's welfare
• Understanding of parenting responsibilities
• History of fulfilling parental obligations
• Putting child's needs above own desires or conflict with other parent

What Courts Look For

Is this parent child-focused or conflict-focused? Do they prioritise the child's needs or use the child as a weapon against the other parent? Family Reports assess this carefully

Common Mistakes

Letting animosity toward the other parent drive your behaviour. Courts can spot parents who use children to hurt their ex—it damages your case severely

Evidence Tips

Communication records showing child-focused discussion (not attacks on other parent), evidence of cooperative co-parenting efforts, completion of parenting programs, willingness to compromise on arrangements when beneficial for child

Practical Examples

• Direct violence witnessed by the child
• Violence between parents affecting the child
• Impact on child's sense of safety and wellbeing
• Perpetrator's recognition of problem and steps taken to address it

What Courts Look For

Evidence of violence, its impact on the child, and perpetrator's insight and rehabilitation. Courts won't deny all contact for past violence IF the perpetrator has genuinely addressed the issue

Common Mistakes

Victims: minimizing violence to "keep the peace." Perpetrators: denying or justifying violence. Both hurt your case—courts need honest acknowledgment and evidence of addressing the problem

Evidence Tips

Police reports, intervention orders, medical records, witness statements, counseling/therapy records. For perpetrators: completion of men's behaviour change programs, mental health treatment, maintaining intervention order compliance, supervised contact completion

Practical Examples

• Existing intervention orders or protection orders
• Conditions of family violence orders
• Supervised contact requirements
• No-contact provisions vs proposed parenting arrangements

What Courts Look For

Parenting orders must not contradict family violence orders. If there's an intervention order preventing contact, the Family Court can't order unsupervised time

Common Mistakes

Seeking parenting orders inconsistent with existing FVOs, or failing to disclose FVOs to the Family Court. Courts have access to state-based FVO databases—hiding them destroys credibility

Evidence Tips

Provide copies of all current family violence orders, explain compliance history, if seeking variation of FVO to allow contact, provide evidence of changed circumstances (completed programs, therapy, etc.)

Practical Examples

• Clear, specific orders vs vague terms
• Detailed changeover arrangements
• Dispute resolution mechanisms built into orders
• Flexibility vs rigidity in schedules

What Courts Look For

Orders that are clear enough to enforce but flexible enough to adapt as children grow. Courts want to avoid parties returning to court repeatedly

Common Mistakes

Seeking overly rigid orders that don't allow for normal parenting flexibility, or overly vague orders that lead to constant disputes

Evidence Tips

Propose specific arrangements with built-in flexibility: detailed schedule with provision for reasonable variation by agreement, dispute resolution clause (mediation before court), communication protocols, review dates as child grows

Practical Examples

• Sibling relationships and need to keep siblings together
• Child's special medical or educational needs
• Impact of parent's new relationship or partner
• Historical role of grandparents or other caregivers

What Courts Look For

Anything else that genuinely affects the child's best interests. This is the catch-all factor—courts have broad discretion

Common Mistakes

Throwing in irrelevant grievances hoping something sticks. Stick to facts that genuinely impact the child's wellbeing

Evidence Tips

Focus on child-relevant factors: sibling bonds, grandparent relationships critical to child, special needs requiring specific care, new partner's positive/negative influence. Support with evidence, not speculation