The One Factor That Decides Where a Child Lives After Divorce

In Australia, in most cases, when parents divorce, children will be under joint custody rather than one parent obtaining full custody. This means both parents will share the responsibility of caring for the children, including their daily life, education, health, and recreational activities.

When the court decides on child custody, the best interests of the child are taken into consideration. The best interests of the child refer to their ability to grow up in a stable, safe, loving, and supportive environment. Therefore, money is usually not the only factor the court considers, as the primary concern is to ensure the child has a long-lasting relationship with both parents and is not harmed.

The court will consider the following factors:

  • The relationship between each parent and the child.
  • The character and conduct of each parent.
  • The financial and caregiving capabilities of each parent.
  • The education and occupation levels of each parent.
  • The child’s wishes.

If both parents cannot reach an agreement on child custody, the court will make a decision after hearing statements from both parties and investigating relevant evidence. The court’s judgment will be based on the best interests of the child and will take into account all the factors mentioned above.

If you have any legal questions regarding child custody, please contact us immediately. Our Family Lawyers will answer your legal questions and provide you with professional strategies to safeguard your rights.

*Disclaimer: The above content is provided as general legal knowledge and should not be taken as specific advice for your individual situation. The law is complex, and we strongly recommend consulting professional legal advice. Canaan Lawyers shall not be held liable for any loss or damage caused by the information contained or omitted in the above content.