Determining which parent will be responsible for the child’s upbringing is a difficult decision. When parents separate, the child will have to stay inevitably with one or the other. If both parents want custody of the child, the only way to resolve it is through a court hearing.

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Factors Taken into
Consideration when
Determining Child Custody

2. Determining which parent will be responsible for the child’s upbringing is a difficult decision. When
parents separate, the child will have to stay inevitably with one or the other. If both parents want custody
of the child, the only way to resolve it is through a court hearing.
It is a judge’s responsibility to ascertain which of the parents will be the best guardian for the child, and
there are factors to be considered to come up with the right choice.
The Principle of ‘Best Interests’
Under Australian family law – as in most family laws all over the world – the purpose of child custody
cases is to find the parent who can provide the child with the best upbringing. Parents are free to discuss
the matter, but if they do not come to an agreement, they will have to adhere to the Family Court, and the
judge will determine who gets custody of their children.
Depending on a child’s age and level of maturity, his/her preferences will be taken into consideration, as
well. However, the judge has the final say based on the following factors:

3.  Protection from Harm – The most important factor is to prevent any harm from befalling the
child when he/she lives with a certain parent. It can either be physical or psychological harm, or
both.
 Parents’ Involvement – Although it is preferred that the child should have a meaningful
relationship with both parents, the judge can rule on sole or shared custody, depending on the
circumstances.
 Parental Responsibility – The judge can also rule on whether both parents will have the same
level of responsibility in regards to long-term decisions involving the child.
 Parents’ Attitude Towards Their Responsibility – Another factor the judge takes in is
whether a parent is willing to pay for child support. Equal shared custody can be granted if the
other parent is willing to turn up regularly for his/her time with the child.

4. Parenting Orders
Once the judge issues the parenting order, it is to be followed to the letter. If the judge’s court order is
breached, the offender may be ordered to participate in a parenting program. Besides the existing order,
the judge may place more penalties upon the offender, such as an AUD 6,600 fine, community work, or up
to a year in jail.
Depending on their age and disposition, children are very impressionable, and the trauma of their parents’
separation could stay with them for life. The law aims to prevent this from happening as best it can.
Sources:
https://www.qld.gov.au/law/crime-and-police/abuse-family-matters-and-protection-orders/child-
custody
https://www.connollysuthers.com.au/
https://www.alrc.gov.au/publications/16-childrens-involvement-family-law-proceedings/best-interests-
principle