What Does “Best Interests of the Child” Really Mean in Court? The Surprising Factors Judges Weigh – Guest Post

If you’ve ever typed family lawyers in Brisbane into Google at 3am after the kids finally fell asleep, you already know the Family Court can feel like a cross between a chess match and a reality-TV reunion. Everyone tells you the judge will decide based on the child’s “best interests” – but what does that actually look like in 2025’s post-reform Australia?

Key Takeaways

1. Safety sits on the throne. A proven risk of harm trumps all other considerations.
2. Kids get a voice, not a veto. Judges now must consider a child’s views, especially once they’re school-aged.
3. The new six-factor test replaced the old 14-point shopping list. Simpler on paper, still complex in real life.
4. Equal time is not a legal default. The 2024 reforms scrapped the presumption of “equal shared parental responsibility.”
5. Evidence outweighs emotion. From school reports to WhatsApp messages, documentation is your court-room currency.

The Law’s “North Star”: Section 60CA Explained

When Parliament says the child’s best interests are the court’s “paramount consideration,” it isn’t flowery rhetoric; it’s a neon sign judges must follow. Section 60CA of the Family Law Act 1975 forces every decision about parenting orders to orbit around the youngster’s welfare, not Mum’s travel plans or Dad’s new house with the pool (tempting though that may be).

Think of it as the courtroom equivalent of “the customer is always right” – only the customer is in Year 4 and prefers chicken nuggets to Latin phrases.

The Six Factors Judges Balance in 2025

Goodbye to the pre-2024 14-factor marathon; hello to a svelte half-dozen that judges must tick through:

1. Safety: Any history or risk of violence, neglect or abuse.
2. The Child’s Views: Weighted by maturity – a 15-year-old’s opinion carries more heft than a five-year-old’s proclamation that bedtime is “unfair.”
3. Developmental, Psychological, Emotional & Cultural Needs: Yes, cultural heritage matters – and not just when Grandma makes the best laksa this side of Darwin.
4. Each Carer’s Capacity: Stable housing, mental health and, let’s be real, the ability to wrangle homework without tears (yours).
5. Benefit of Ongoing Relationships: Courts value meaningful ties with parents, siblings and kin – but not if safety alarms are blaring.
6. Any Other Relevant Circumstance: The judge’s catch-all drawer; everything from relocation logistics to a parent’s FIFO roster can land here.

Five Pieces of Evidence Judges Love

1. School attendance and report cards – show educational stability.
2. Medical or psychological reports – prove specialist concerns aren’t just “gut feelings.”
3. Family Violence Orders – the paperwork speaks louder than any courtroom speech.
4. Parenting course certificates – demonstrate willingness to co-operate (bonus: you’ll learn techniques that actually work).
5. Contemporaneous diary or app logs – dates, times and outcomes of handovers or incidents.

Curveballs the Legislation Doesn’t Spell Out

“The law may be blind, but it can still read your Facebook posts.”

Yes, Your Honour absolutely can see that midnight rant you forgot to limit to “Close Friends.” Digital footprints, relocation plans and even patterns of coercive control (subtle yet serious) are modern factors. For Aboriginal or Torres Strait Islander children, the court now must consider kinship ties and cultural continuity – a recognition long overdue.

And then there’s the oddball influences: think new partners with colourful criminal histories or that shiny, but impractical, plan to move the kids to a goat farm three hours away because “fresh air is character-building.”

Gathering Evidence Without Losing Your Sanity

You do not need to transform into Sherlock Holmes with a smartphone. Focus on relevance:

• Document, don’t dramatise. Courts crave facts, timestamps, and supporting files.
• Stay child-centric. A video of your ex leaving towels on the floor is comic gold, but the judge wants impacts on the kids.
• Use official channels. Family Reports, Child Impact Reports and (if appointed) an Independent Children’s Lawyer make your life easier – cooperate early, sleep better later.

Pro tip: When in doubt, ask yourself, “Will this help the judge decide what keeps my child safe and thriving?” If the answer is “probably not,” file it under therapy material instead.

Myth-Busting: When The Rumour Mill Meets Reality

• 50/50 custody is guaranteed. Nope. Judges weigh all six factors first; equal time happens only when practical and best for the child.
• Mums always win. Also false. The modern test is gender-neutral; documented safety issues flip the scales fast.
• Character references win the day. Your neighbour’s glowing letter won’t offset evidence of breached intervention orders.
• Children choose where they live at 12. They get a say, not a vote; maturity, not age alone, decides weight.

Sprinkle these truths into your next playground chat and watch myths evaporate quicker than a juice box on a summer excursion.

Conclusion

Courts aren’t playing Solomon with a blindfold; they’re applying a refined six-factor checklist backed by mountains of legislation and case law. Your mission? Bring clear, child-focused evidence to the table, filter out the drama, and remember that judges read between the lines – including your social-media ones.

Need tailored guidance that speaks Aussie family-law, emoji, and plain English? Avokah Legal is ready to help you turn those 2 a.m. queries into confident next steps.