In family law matters, decisions about children are guided by one central principle – the child’s best interests. Section 60CC of the Family Law Act 1975 outlines the considerations the court must evaluate to determine what arrangements serve a child’s welfare.
Recent amendments to Section 60CC in 2024 by the Australian Government have modernised and simplified these considerations, placing greater emphasis on child safety, developmental needs, and the nuances of family dynamics.
The following guide explores the key aspects of Section 60CC and offers practical insights for tackling parenting matters in Australia.
What is Section 60CC?
Section 60CC provides the legal framework for determining what arrangements promote the best interests of a child in parenting matters. It requires the court to evaluate factors that contribute to the child’s welfare, safety, and development.
The Family Law Amendment Act 2023, introduced last year, aims to simplify the process by replacing the two-tier system of primary and additional considerations with a unified list of general considerations. This approach focuses on child-centric outcomes while ensuring fairness and practicality.
Key Considerations in Section 60CC
Promoting Safety
The child’s safety is the court’s highest priority. The court evaluates:
- Risks of exposure to family violence, neglect, or abuse.
- Existing family violence orders or protective measures.
The Child’s Views
The court must consider the child’s views, giving weight to their maturity and age. Children are often consulted through family consultants or Independent Children’s Lawyers (ICLs).
Developmental, Psychological, Emotional, and Cultural Needs
Each child’s unique needs, including their psychological well-being and cultural identity, are carefully assessed. For Aboriginal and Torres Strait Islander children, the court ensures connections to cultural heritage are supported.
Parental Capacity
The court examines each parent’s ability to meet the child’s emotional, physical, and educational needs. Evidence of consistent involvement, such as attending school events or managing healthcare, is essential.
Relationships with Parents and Significant Others
The court recognises the importance of a child having meaningful relationships with both parents and significant figures, provided it is safe to do so. If safety concerns exist, propose solutions such as supervised visits or structured parenting plans to prioritise the child’s welfare.
How the Court Applies Section 60CC
Evidence Collection
The court relies heavily on evidence, including affidavits, expert reports, and witness testimonies, to evaluate each consideration.
Focus on Child-Centric Outcomes
The court tailors decisions to the child’s specific circumstances, avoiding a one-size-fits-all approach.
Balancing Conflicting Interests
Where considerations conflict—such as safety versus maintaining relationships—the court prioritises the child’s immediate and long-term welfare.
Undertaking Parenting Disputes Under Section 60CC
Mediation First
Before proceeding to court, parents are encouraged to resolve disputes through mediation or Family Dispute Resolution (FDR). This collaborative approach often leads to faster, less contentious outcomes.
Independent Children’s Lawyers (ICLs)
ICLs may be appointed in complex cases to represent the child’s best interests, offering an unbiased perspective.
Consent Orders
Agreements reached through mediation can be formalised into Consent Orders, providing a legally binding resolution without litigation.
Prioritising Your Child’s Best Interests with Confidence
Undergoing parenting matters can feel overwhelming, but with the right guidance, you can achieve outcomes that reflect your child’s unique needs and well-being.
At Ramsden Family Law, we’re here to help you throughout the matter, ensuring that your child’s future remains the priority.
Contact us today to begin the process with expert support.
