What Is the Best Interests of the Child Test in Family Law?

The best interests of the child is the single factor an Australian court must place above every other consideration when deciding a parenting dispute. It shapes where a child lives, how time is shared, and who makes major decisions about their upbringing.

What factors make up the best interests test?

Under the Family Law Act 1975 (Cth), courts weigh the child’s safety first,¹ alongside the benefit of a meaningful relationship with both parents where safe, the child’s own views, their developmental and emotional needs, and each parent’s actual capacity to meet those needs. No single factor is decisive on its own, and the assessment is made case by case rather than against a fixed formula.

Why arguing from entitlement usually fails

Parents who frame their position around what they feel they deserve, or around past conduct they want acknowledged, typically do worse than parents who can clearly explain why their proposed arrangement is better for the child specifically. The court is not resolving a dispute between parents, it is determining an outcome for the child.

How does this interact with the 50/50 custody rollback?

Since the presumption of equal shared parental responsibility was removed in 2024, there is no starting assumption of equal time. The best interests test now operates without that default, meaning each parenting arrangement is built from the ground up based on the individual child’s circumstances. See our related FAQ on the 50/50 custody presumption in Australia .

Related Topics

• Parenting arrangements and the end of the 50/50 rule – /legal-matters/drones-rental-cars-parenting-relocation-legal-questions-18-august-2026/
• Parental responsibility versus time spent with children – /faq/family/parental-responsibility-vs-time-with-children/
• De facto relationships in Queensland – /faq/family/de-facto-relationships-queensland/