Many parents with child dispute matter Google searches on the internet on “How to win child custody”.  All parents want the best for their children and want to succeed in their child custody dispute.  However, “winning” in child custody cases is about reaching an agreement or obtaining court orders where the child’s best interest wins.

First, let us clarify what “child custody” is all about. It is important to know that the common term used is ‘child custody’ but in legal terms, the word “custody” is no longer used.  Parenting agreements and court orders talk about with whom the child “lives with” and “spends time with”.

Child custody relates primarily to two issues: –

• Parental Responsibility
  Whether both parents or only one parent should make decisions regarding major issues affecting their child such as schooling, health and religious upbringing; and
• Live with and spend time
  Whether the child is to live with one, or both parents on an alternate basis and how much time the child is to spend with each parent.

The “best interest” of the child is paramount

Child custody laws in Australia are governed by the Family Law Act 1975, which is a federal law that applies throughout Australia. It states in clear and unambiguous terms that, “in deciding whether to make a particular parenting order in relation to a child, a court must regard the best interests of the child as the paramount consideration.” This standard is often called the ‘paramountcy principle’.

In a previous case, the Family Court has said that “the paramountcy principle” means that the child’s interest is the focus and not the parents’ interest, preference or wishes. The wants, needs and well-being of the children override those of the parents.