Tasmanian Consolidated Acts

CHILDREN, YOUNG PERSONS AND THEIR FAMILIES ACT 1997 - SECT 55

      (1) In determining what is in the child's best interests, the Court must consider the following matters:

(a) any wishes expressed by the child and any factors (such as the child's maturity or level of understanding) that the Court considers relevant to the weight it should give to the child's wishes;

(b) the nature of the relationship of the child with each of the child's guardians and with other persons;

(c) the likely effect of any changes in the child's circumstances, including the likely effect on the child of any separation from –

(i) either of his or her guardians; and

(ii) any other child, or other person, with whom he or she has been living;

(d) the practical difficulty and expense of a child having contact with a guardian and whether that difficulty or expense will substantially affect the child's right to maintain personal relations and direct contact with each guardian on a regular basis;

(e) the capacity of each guardian, or of any other person, to provide for the needs of the child, including emotional and intellectual needs;

(f) the child's maturity, sex, background and culture (including any need to maintain a connection with the lifestyle, culture and traditions of the Aboriginal community) and any other characteristics of the child that the Court considers relevant;

(g) the need to protect the child from physical or psychological harm;

(h) the attitude to the child, and to the responsibilities of parenthood, demonstrated by each of the child's guardians;

(i) any other fact or circumstance that the Court considers relevant.

      (2) If the Court is considering whether to make an order with the consent of all the parties to the proceedings, the Court may, but is not required to, have regard to all or any of the matters set out in subsection (1).