NSW What Does a Family Law Judge Base Their Decision on?

[Lost221]

What does the family law judge look for or base their decisions on?

Out of pure curiosity, as I've seen one parent accuse another of being a liar, having a poor attitude, sleeping with multiple partners, being detrimental to child's well-being, what does the judge use?

Or is it purely decided on how they care for their children?

 

[Hoang Trang]

I'd think bad mouthing the other parent and character assassination ain't going to help? Shows they can't co parent and put their children's best interest as paramount.

 

[AllForHer]

It's based on a number of sections of Ch VII in the Family Law Act 1975, but I would argue section 60CC is the most prevalent. Have a read: FAMILY LAW ACT 1975 - SECT 60CC How a court determines what is in a child's best interests

 

[MartyK]

What does the family law judge look for or base their decisions on?

Out of pure curiosity, as I've seen one parent accuse another of being a liar, having a poor attitude, sleeping with multiple partners, being detrimental to child's well-being, what does the judge use?

Or is it purely decided on how they care for their children?

Yes, the Court follows the legislative pathway.

However, Hoang is correct in saying that badmouthing the other parent can be detrimental to your case. Particularity if you are seeking more than EOW. Speaking poorly, or should I say, displaying a negative attitude about the other parent, can certainly lead to the Court (or Court reporter) taking the view of a parent having questionable or limited insight. Remember, even if you hate your former partner, the children usually still love them. It can also place you at a disadvantage in some respect.

With regards to allegations of a parent sleeping around et al. If it does not effect the kids, then it is usually irrelevant.