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Factors considered by the Court in Parenting Orders

The best interests of the child are always paramount. In determining what is in the best interests of the child, the Court looks first to the benefit to the child of having a meaningful relationship with both parents and secondly, the need to protect a child from harm.  

In addition to the best interests of the child there are numerous additional considerations including: 

  1. the views of the child (weighed against their maturity and circumstances); 
  2. the nature of the child’s relationship with each parent; 
  3. the likely effect of any change in the child’s circumstances; 
  4. any practical difficulty or expense involved in the child spending time with parent; 
  5. the capacity of the parent to provide for the child; 
  6. the parents’ attitude towards the child and parental responsibility; 
  7. any family violence involving the child or a member of the child’s family; ad 
  8. whether it is possible to make an order least likely to lead to the need for further orders. 
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