Best Interests of the Child in Australian Family Law (Section 60CC)

Every parenting decision in an Australian family court comes back to one principle: the best interests of the child. It sounds simple, but the specific factors the court weighs — and how they changed in May 2024 — directly shape what arrangements will be approved.

The Section 60CC Framework

Section 60CC of the Family Law Act 1975 sets out the factors the court must consider when determining what is in a child's best interests. The Family Law Amendment Act 2023 (effective 6 May 2024) simplified this list significantly, removing the old distinction between "primary" and "additional" considerations and streamlining the analysis around six core factors.

1. Safety and Protection from Harm

This is the paramount factor — it takes priority over everything else. The court must evaluate any history of family violence, abuse, neglect, or exposure to violence. The assessment covers both direct harm to the child and harm to a parent or family member in the child's presence.

Under the old framework, the benefit of a relationship with both parents competed with safety concerns, sometimes creating dangerous outcomes. The 2024 reforms resolved this by making safety unambiguously paramount.

2. The Views Expressed by the Child

The child's preferences are considered, but there is no magic age at which a child gets to choose. The court weighs the child's views based on their age, maturity, cognitive capability, and whether those views have been influenced or coached by a parent.

Children's views are typically gathered by Court Child Experts — clinical psychologists or social workers employed through the Court Children's Service. In the ACT, these assessments happen at the Canberra Registry of the FCFCOA.

3. Developmental and Cultural Needs

This factor covers the child's emotional, physical, and psychological stability. Courts consider what routine the child is used to, which school they attend, their friendship networks, and any special needs. For Aboriginal and Torres Strait Islander children, the right to connect with family, community, country, and language is explicitly protected.

4. Capacity of Each Caregiver

The court assesses each parent's material, emotional, and intellectual ability to meet the child's specific needs. This includes practical capacity (stable housing, ability to manage school logistics, financial resources) and emotional capacity (mental health, substance use, willingness to support the child's relationship with the other parent).

5. Benefit of Maintaining Relationships

The court evaluates the emotional benefit to the child of safe, meaningful relationships with both parents, siblings, grandparents, and extended family. The key qualifier is "safe" — this benefit is always subordinate to the safety factor.

6. Aboriginal and Torres Strait Islander Heritage

For Indigenous children, the court must consider the child's right to enjoy their culture, including connection to family, community, land, and language. This is a standalone factor, not merely part of the broader developmental analysis.

How This Affects Your Parenting Plan

If you are drafting a parenting plan or preparing consent orders, the Section 60CC factors are the lens through which a Registrar or Judge will evaluate your proposed arrangements. A well-drafted plan should demonstrate:

• Safety: Address any risk factors and explain how changeovers will be managed safely
• Stability: Show that the proposed schedule minimises disruption to the child's established routine
• Developmental fit: Match the schedule to the child's age and stage (infants need shorter, more frequent contacts; teenagers need flexibility)
• Both parents' capacity: Demonstrate that each parent has the practical resources and emotional stability to follow through

The ACT Child Custody & Parenting Plan Guide includes a best-interests self-assessment worksheet aligned with the current Section 60CC factors, helping you build your case from the framework the court actually uses.

See more Australian Capital Territory guides →