Family Law

Children’s Matters

The Best Interests of the Child

There is no unified definition of the ‘best interests of the child’. How the Court determines what is in the child’s best interests is set out in section 60CC of the Family Law Act 1975 (Cth), which includes two primary considerations:

  1. The benefit of the child having a meaningful relationship with both parents; and
  2. The need to protect the child from physical or psychological harm of being subjected, or exposed to, abuse, neglect or family violence.

Greater weight must be given to the second consideration.

When obtaining your instructions to provide evidence to the Court as to your position in relation to the child/ren’s best interests, the Family Law team at Genesis Edge Law Group will carefully consider the relevant facts. We gather evidence to show the Court by way of Affidavit and tender the relevant and essential materials that should be put forward before the Court, for the purpose of obtaining the Orders you seek.

Our Principal Solicitor, Ellen Pei is also a Family Dispute Resolution Practitioner certified by the Attorney General’s Department. Ellen is able to utilise her Mediation and negotiation skills to help bring a meaningful resolution to your matter without the need for the matter to go to Court.

If you reach an agreement, this can be formalised into a parenting plan or into Consent Orders.

What to do if you cannot find your child?

Recovery Orders

You can apply for a recovery Order if:

  • The child lives with, spends time with, or communicates with you, as set out in a parenting Order;
  • You are the primary carer of the child in a parenting Order for the child.  You will need to provide an existing Court Order or give evidence to the Court by way of Affidavit demonstrating you are a person who has parental responsibility;
  • You are a grandparent of the child, or a person who is concerned with the care, welfare and development of the child. You do not need to have a parenting Order evidencing this.

If you do not have an existing parenting Order, you can apply for one at the same time when you file an application for recovery Orders.

If your child/ren were removed without your permission, you should act immediately and seek urgent legal advice. Contact our experienced Sydney family lawyers on 1300 559 888 for more information concerning your children’s matter.

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