The court’s paramount concern in making parenting orders is the best interests of the child. In determining what is in the best interests of the child, the court must consider the extent to which each of the child’s parents has fulfilled, or failed to fulfil, his or her responsibilities as a parent and, in particular, the extent to which each of the child’s parents:
- has taken, or failed to take, the opportunity:
- to participate in making decisions about major long-term issues in relation to the child; and
- to spend time with the child;
- to communicate with the child; and
- has facilitated, or failed to facilitate, the other parent:
- participating in making decisions about major long-term issues in relation to the child; and
- spending time with the child; and
- communicating with the child; and
has fulfilled, or failed to fulfil, the parent’s obligation to maintain the child. Where the child’s parents have separated, the court must, in applying subsection 60CC(3), have regard, in particular, to events that have happened, and circumstances that have existed, since the separation occurred.