FAMILY COURT ACT 1997 - SECT 66C
FAMILY COURT ACT 1997 - SECT 66C
66C . How a court determines what is in child’s best interests — FLA s. 60CC
(1) Subject to
subsection (6), in determining what is in the child’s best interests,
the court must consider the matters set out in subsections (2) and (3).
(2) The primary
considerations are —
(a) the
benefit to the child of having a meaningful relationship with both of the
child’s parents; and
(b) the
need to protect the child from physical or psychological harm from being
subjected to, or exposed to, abuse, neglect or family violence.
(3A) In applying the
considerations set out in subsection (2), the court is to give greater weight
to the consideration set out in subsection (2)(b).
(3) Additional
considerations are —
(a) any
views expressed by the child and any factors (such as the child’s
maturity or level of understanding) that the court thinks are relevant to the
weight it should give to the child’s views; and
(b) the
nature of the relationship of the child with —
(i)
each of the child’s parents; and
(ii)
other persons (including any grandparent or other
relative of the child);
and
(c) the
extent to which each of the child’s parents has taken, or failed to
take, the opportunity —
(i)
to participate in making decisions about major long-term
issues in relation to the child; and
(ii)
to spend time with the child; and
(iii)
to communicate with the child;
and
(da) the
extent to which each of the child’s parents has fulfilled, or failed to
fulfil, the parent’s obligations to maintain the child; and
(d) 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 parents; or
(ii)
any other child, or other person (including any
grandparent or other relative of the child), with whom he or she has been
living;
and
(e) the
practical difficulty and expense of a child spending time with and
communicating with a parent and whether that difficulty or expense will
substantially affect the child’s right to maintain personal relations
and direct contact with both parents on a regular basis; and
(f) the
capacity of —
(i)
each of the child’s parents; and
(ii)
any other person (including any grandparent or other
relative of the child),
to provide for the
needs of the child, including emotional and intellectual needs; and
(g) the
maturity, sex, lifestyle and background (including lifestyle, culture and
traditions) of the child and of either of the child’s parents, and any
other characteristics of the child that the court thinks are relevant; and
(h) if
the child is an Aboriginal child or a Torres Strait Islander child —
(i)
the child’s right to enjoy his or her Aboriginal or
Torres Strait Islander culture (including the right to enjoy that culture with
other people who share that culture); and
(ii)
the likely impact any proposed parenting order under this
Part will have on that right;
and
(i)
the attitude to the child, and to the responsibilities of
parenthood, demonstrated by each of the child’s parents; and
(j) any
family violence involving the child or a member of the child’s family;
and
(k) if a
family violence order applies, or has applied, to the child or a member of the
child’s family — any relevant inferences that can be drawn from
the order, taking into account the following —
(i)
the nature of the order;
(ii)
the circumstances in which the order was made;
(iii)
any evidence admitted in proceedings for the order;
(iv)
any findings made by the court in, or in proceedings for,
the order;
(v)
any other relevant matter;
and
(l)
whether it would be preferable to make the order that would be least likely to
lead to the institution of further proceedings in relation to the child; and
(m) any
other fact or circumstance that the court thinks is relevant.
[(4), (5) deleted]
(6) 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 (2) or (3).
(7) For the purposes
of subsection (3)(h), an Aboriginal child’s or a Torres Strait Islander
child’s right to enjoy his or her Aboriginal or Torres Strait Islander
culture includes the right —
(a) to
maintain a connection with that culture; and
(b) to
have the support, opportunity and encouragement necessary —
(i)
to explore the full extent of that culture, consistent
with the child’s age and developmental level and the child’s
views; and
(ii)
to develop a positive appreciation of that culture.
[Section 66C inserted: No. 35 of 2006 s. 83;
amended: No. 13 of 2013 s. 10.]