What Courts Consider When Choosing the 'Better' Parent
Co-authored by Gloria James and Sandra Ong
Who is the better parent, suited to look after your children in the event of a divorce?
Which parent is capable of providing the love, stability, and care your child needs?
When parents go through a divorce, these questions become crucial, and the courts must evaluate each parent’s suitability in a way that protects the child’s best interests.
But what exactly does the court consider when determining who should have primary care and control?
Understanding these factors can help parents confidently prepare their case and focus on the aspects that truly matter to the court.
What the Court Looks for in a Primary Caregiver
The court's central concern is the child’s wellbeing. While it’s natural for each parent to feel they are the best caregiver, the court assesses specific factors to decide what arrangement serves the child’s interests best.
1. Demonstrated Past and Present Care
Courts prioritise consistency and attentiveness. Parents should provide concrete examples showing past efforts to care for their child. Actions like attending medical appointments, taking leave for childcare, or actively engaging in the child’s daily life highlight a parent’s dedication and responsibility.
2. Bond and Attachment
The relationship between each parent and the child plays a significant role. Has one parent spent more time bonding with the child, especially during formative years? Courts often consider the depth of each parent’s connection, particularly if one parent has been the primary caregiver since the child was born.
3. Future Caregiving Plans
The court is interested in how each parent plans to care for the child moving forward. This includes the stability of the home environment and arrangements to support the child’s education, social life, and health. A structured, stable plan can show the court that a parent is well-prepared to meet ongoing caregiving needs.
4. Support for Co-parenting
Courts value parents who encourage a positive relationship with the other parent. Showing a willingness to support the child’s connection to both parents, signals maturity and prioritises the child’s emotional needs, reducing potential conflict that can affect the child.
5. The Child’s Wishes (When Age-Appropriate)
If the child is mature enough to form an independent opinion, the court may consider their preferences. However, young children are generally not expected to choose between parents, as this can cause the children undue stress and emotional strain.
What Factors Might a Court Consider Against a Parent?
Courts also look at factors that might make a parent less suitable as a sole caregiver:
Unhealthy Lifestyle or Decision-Making
: If a parent has shown behaviours that could affect their judgment or lifestyle stability, the court may view them as a less reliable caregiver.
Behaviour Against the Child’s Best Interests
: Any evidence that a parent has acted in ways harmful to the child’s emotional or physical wellbeing can weigh heavily against them. For instance, sudden change of environments, restricting the other parent’s access, or creating an unstable environment could raise red flags.
Additional Considerations for Family Stability
Two other important factors come into play when determining child custody:
Continuity of Living Arrangements
: Courts typically prefer solutions that allow children to stay in familiar surroundings. Moving can be challenging for children, so a parent’s plan that keeps the child in their existing home environment is often viewed positively.
Keeping Siblings Together
: The court usually seeks to avoid separating siblings, as a unified family environment supports emotional wellbeing.
Other Factors Which the Court May (or May Not) Consider
Not everything will influence the court’s decision. For example, the court does not automatically favour mothers for daughters or fathers for sons, nor does it consider a parent’s minor disorder, like obsessive-compulsive traits, as disqualifying unless it impacts caregiving abilities.
Conclusion
For parents asking, “What does the court consider when deciding which is the better parent to care for their children?” the answer lies in focusing on practical, demonstrated actions and future plans that align with the child’s best interests.
At GJC Law, we support our clients through every step of this challenging process, offering expert guidance based on extensive experience in family law, mediation, and conflict resolution. Our team is committed to helping clients present their strongest case, while aiming for solutions that promote stability and minimize disruption for children.
Whether through comprehensive legal representation or alternative dispute resolution, we tailor our services to each family’s unique needs, always prioritising the wellbeing of our clients and their families.
Related Posts
