Best interests of children The best interests of the child are absolutely crucial in the considerations made in decisions concerning the care of children. This is the underlying factor in which all Family Law Courts make decisions regarding children. It is the role of the Family Law Court to identify what is in the best interest of the child and consider both primary and additional considerations including protecting the child from harm and the capacity of the parent to provide to the child’s needs. The best interests of the child are universally recognized, The United Nations Convention on the Rights of the Child (CROC) is a human rights treaty which outlines the civil, political, economic, social, health and cultural …show more content…
The mother says after a period of time the parties reached an agreement and the father began to spend time with the children on each alternate weekend. The father 's case is that the mother removed the children from him and made it very tough for him to have contact other than contact that the mother said he could have, although he had written the mother a letter prior to this and did not state that he had any problems with the children being in the mothers care. The allegations that each party made against each other were unconfirmed and there was no proof of any domestic violence within the family, making it difficult for the court to make their decision. The previous arrangements of both parents being involved with the children were working in favor in the best interest of the children. The mother was shown to be the more involved parent with the children and worked less hours then the father. The court ruled that both children would live with their mother, each alternate weekend with the father from the conclusion of school or childcare on a Friday to 4 pm on Sunday, that the children spend time with the father during each school holiday period for one half of each period in respect of each child, if the parties cannot agree, the first half in years ending in an odd number, and the second …show more content…
In contrast to the Goode and Goode case it is safest for the child to live solely with the mother and never be in the care of the father. CROC states that children have the right to protection and to be safe from harm, so if the child was placed in the fathers care it attracts danger to the child and goes against the rights of the child. The main role of the Family Law court in this case was to protect the child from the danger the father could potentially bring due to previous