Decision-Making About the Best Interests of the Child: The Impact of the Two Tiers

Abstract

This article suggests how the Family Law Amendment (Shared Parental Responsibility) Act 2006 in Australia should be interpreted when judges are deciding parenting cases. It examines the relationship between the two tiers of primary and additional considerations, the place to be given to the objects and principles of Part VII of the Family Law Act 1975, and how the requirements to consider equal time and substantial and significant time fit with all the other matters the court must consider.

Keywords: Family, Children, Parenting, Custody, Access, Visitation

JEL Classification: K39