When it comes to handing down
Parenting Orders, the Family Court's first and foremost
concern is to ensure that the best interests of the child are
followed. The primary factors taken into consideration by the
court when determining orders in the child's best interests
are:
- The benefit to the child of having a meaningful relationship
with both parents; and
- The need to protect the child
from physical or psychological harm, which may come about due to
being subjected or exposed to abuse, neglect or
family violence.
Undeniably, exposure to drug and
alcohol use could be classified as harmful to children, and
pursuant to Hogan &
Hogan [2008] FamCA 41 these types of concerns are deemed
extremely relevant within the context of the Family Court
implementing Parenting Orders. This case of Hogan & Hogan
provided that whilst drug use does not necessarily diminish a
parent's love for a child, it does diminish a parent's
ability to care for them.
