¶ … Family Law Act a court must take into Account ' the best interest of the child'. What does this mean? What are the factors the court is to consider in determining the best interests of the child and how do these operate? (200-500 words)
In short, the best interest of the child as defined by most courts is what will serve the child's interests best, at least in the short-term, and whether the child's current domicile and situation is the best fit involved. If the current parent(s) or guardian situation is not the best available option and/or the parent/guardian is obviously or even ostensibly unwilling or unable to provide the needed care that the child needs. This need can be borne of neglect or it can be based on outright abuse on the part of the parent or guardian. This situation can also arise if there are people or situations around the child that put them in imminent danger of harm such as drug use/dealing, alcohol abuse, spousal/domestic abuse, presence of a sex offender in the house with the permission/consent of the parent/guardian or anyone else in the house and so forth.
The removal of a child from their normal parental orientation can be either temporary or permanent in nature and it may vary from time to time how exactly that all plays out. Generally, the relevant agencies and personnel will play it by ear and if the child is deemed to be safe with the parent because they correct any deficiencies that led to the child being seized in the first place, then a reuniting may be done. However, this is not assumed to be the cause nor is it ever automatic and the parent can always lose custody again assuming they ever get it back in the first place once they lose it. It all comes down to what will serve the child best long-term in...
Such situations require a huge amount of discretion because not all controversial or questionable situations demand removal. However, if the health or ongoing well-being of the child is in question, removal (temporary or permanent) is on the table.
As for other factors that can come into play, those would include who referred the matter to authorities as many people that do so are concerned family members such as uncles, aunts, grandparents and in-laws. Reports can also come from third parties or even be the result of incidental observance from police officers and other public officials that are required or allowed to report parental malfeasance should it occur.
Regardless of the reporting person, the accuracy, verifiability and veracity of the report will be reviewed and verified as much as is possible with a final or at least preliminary decision being made as to whether the child should be removed or not.
2. On what grounds does the court still retain the right to vary the provision of a parenting plan if it considers it is in the best interest of the child? (no more than 50 words)
In short, this would happen if a parenting plan provision clearly runs counter to the general welfare and ongoing safety of the child. For example, a child that has visitation with a parent that is verifiably drugs would often be struck down to protect the child.
3a) What is the definition of 'parental responsibility' in the children and Young Persons (Care and Protection) Act 1998 (NSW) and compare…
