Judges in the Family Court consider each parent’s relationship with the child or children involved in the custody case and assess risk factors. Key factors in their decision-making process are the best interests of the child, as well as both the current and historical role that each parent has in each child’s life.The best interest of the child has six considerations:

1. Safety.
2. Any views expressed by the child/children involved.
3. Each child’s emotional, psychological, developmental and cultural needs.
4. Each ex-partner’s parental capacity.
5. The benefits to the child of the relationship with each parent.
6. Anything else that may be relevant to each child’s specific circumstances.

Joint custody is the most common child custody arrangement in Australia. This allows both parents to participate in a child’s care/custody and make major decisions involved in raising the child.

It is important to understand that joint custody does not imply shared or equal time with the child or equal parenting responsibilities. The child may still spend more or less time with one parent, and one parent may still have more or less parental responsibility than the other if it is in the child’s best interests.