Blended Families Child Custody

In today’s society, families come in all shapes and sizes, and it is not uncommon for families to include children from previous relationships. As these families grow and develop, they may come to include half-siblings. These blended family relationships can create complexity in parenting proceedings before the court due to the number of relationships involved.

Notwithstanding the complexity of these matters, the court will determine the matter no differently from other parenting matters where the blended family dynamic is not present. The court is able to make parenting Orders in favour of a parent of the child or some other person.  This can include step-parents.

The focus of the court in determining all parenting matters is to ensure that the child/ren’s best interests are paramount. The primary considerations (section 60CC(2) of the Family Law Act 1975 the court will look at are:-

• What arrangements would promote the safety of the child and each person who has care of the child; 
• Any views expressed by the child; 
• The developmental, psychological, emotional and cultural needs of the child; 
• The capacity of each parent who has or is proposed to have parental responsibility for the child to provide for the child’s developmental, psychological, emotional and cultural needs; 
• The benefit to the child of being able to have a relationship with the child’s parents and any other person who is significant to the child (wherever safe); and 
• Anything else that is relevant to the circumstances of the child. 

When considering the child’s best interests, the court must also consider any  history of family violence, abuse or neglect involving the child or any person caring for the child and any family violence orders that apply or has applied to the child or any member of the child’s family which shows the significant focus on safety. 

The above list is not exhaustive. Each case may require the Court to examine a range of differing factors. Ultimately, the court’s primary focus is making Orders which are in the child’s best interests.