Happy family on their bike at the park

“Best Interests” of children during COVID-19

In general terms, the Family Court of Australia and the Federal Circuit Court of Australia, work on one principle in parenting matters – that is, putting arrangements in place that are in the best interests of children.

However, the questions is – what does “best interests” look like at the moment?

Clearly, the world is going through enormous upheaval, that affects every facet of our lives. Complexity is everywhere you turn, and family law is no different. For those people that have Orders in place that set out the arrangements between separated parents with respect to children, or a Parenting Plan that does the same, or are in the process of undertaking Family Court or Federal Circuit Court proceedings, what does best interests look like.

Best interests are defined in the Family Law Act 1975 (Cth) Section 60CC(2) of the Act states that the primary consideration of the Court is the benefit of a child in having a meaningful relationship with each parent and the need to protect a child from physical or psychological harm from being subjected to or exposed to abuse, neglect or family violence.

But what does a meaningful relationship look like when people are isolated? There is a need to protect a child from psychical or psychological harm – presumably, that may extend to a parent being lax when it comes to ensuring that children are not exposed to harm by way of exposure to an illness. Parents are going to want to desire to keep their children close – which is perfectly understandable – but how does that fit under the meaningful relationship consideration?

There are additional considerations that the Court needs to look at, such as the likely effect of a change in circumstances, a child’s views, any practical difficulty and expense of a child spending time or communicating with the other parent and the capacity of a parent to provide for the needs of a child.

All of those considerations are turned on their head in the world in which we now live.

Determining what is best for a child is really difficult under normal circumstances, but it is now fraught with confusion. This is an area of law that will evolve over the next six to twelve months, but the Accredited Specialists at Coleman Greig remain available to provide guidance and advice in these difficult times, so please do not hesitate to contact a member of Coleman Greig’s Family Law team today, who would be more than happy to assist you.

Share:

Send an enquiry

Any personal information you provide is collected pursuant to our Privacy Policy.

Categories
Archives
Author

More posts

Festive season: Managing public holiday work obligations

Employers are gearing up for a run of public holidays. Provisions requiring an employee to work on a public holiday in certain circumstances have been commonplace and not overly concerning. However, the Federal Court recently held that such a provision contravened the National Employment Standards.

Employers should exercise caution when dismissing during probationary period

Can you dismiss an employee during the probationary period? Yes, but a recent case is a lesson in caution. The recent Federal Court decision of ‘Dabboussy v Australian Federation of Islamic Councils’ is a warning to employers to consider the importance of timing if dismissing an employee during probation.

The business impacts from the Government’s new cyber security laws

Cybercrime ‘is a multibillion-dollar industry that threatens the wellbeing and security of every Australian’. In an effort to combat the impact on businesses and individuals, the Australian Government has introduced cyber security legislative reforms into the Parliament.

A guide to intrafamily adoption

Adoption is the process where a parent’s legal rights for their child are transferred to another person. The formal adoption of a stepchild or close relative is known as intrafamily adoption.

Passenger movement and visa data-matching by the ATO

Heading overseas for work or a holiday? Taxation issues, including tax residency, should be on front of mind when departing from or arriving to Australia. Why? Because the Australian Taxation Office (ATO) can follow your footprints and, if you’re not careful, spring unexpected taxes on you.

Is it really necessary for my executor to have so many powers?

People often question why the executor of their estate needs to have so many powers. Simply put – if your executor isn’t given any additional powers by your Will, then they are limited to what is set out in the Trustee Act. One area that this can lead to issues in, is the family home – particularly if beneficiaries aren’t in agreement.

Essential terms of a commercial lease

A commercial lease is a contract that details the rights and obligations of a tenant and landlord. So, what are the necessary terms of a commercial lease?

Responding to data breaches

In the final part of our four-part series on your business’ responsibilities related to cyber attacks and data breaches, Special Counsel John Bennett how businesses should respond to data breaches, including application and requirements of the Notifiable Data Breaches Scheme.

© 2024 Coleman Greig Lawyers  |  Sitemap  |  Liability limited by a scheme approved under Professional Standards Legislation. ABN 73 125 176 230