The Family Law Act requires guardians and the Court to make decisions involving the child in the "best interests of the child". The Family Law Act includes a non-exhuastive list of factors to be consdiered in deteremining what is in the best interests of the child.
The list of factors to be considered in determining the best interests of the child include:
- the history of care of the child
- the child’s views and preferences
- the benefit to the child in developing relationships with both guardians
- the nature and strength of existing relationships
- any history of family violence
- any civil or criminal proceedings that may be relevant to the child’s safety or well being.