What judges look for in child custody cases in Australia, now called parenting cases under Family Law Act 1975, is best interests of the child as paramount consideration, with updated law from May 2024. Judges consider what arrangements promote safety of child and parents from family violence, abuse and neglect, which is first priority. They consider child's views depending on age and maturity, though not determinative. They consider benefit of child having meaningful relationship with both parents where safe, history of involvement of each parent in care, ability of each parent to provide for child's physical, emotional and developmental needs, practical ability to care including work, housing and support network, any family violence, drug or alcohol issues, and willingness to facilitate relationship with other parent. Since 2024 amendments, court no longer presumes equal shared parental responsibility, instead considers best interests holistically and whether joint decision-making is in child's interests. Judges look at evidence from family reports by court child expert, subpoenaed records, police and child protection reports, and affidavits. They consider cultural needs, especially for Aboriginal children, and any special needs like disability. They also consider child's age, sibling relationships, and stability. Judges do not favour mother or father, they favour arrangement that is safe and in child's best interests, which can be equal time, substantial time, or sole custody with supervised visits if risk.
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