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→How do you determine what is in children’s best interests?
===How do you determine what is in children’s best interests?===
To decide what is in a child’s best interests, parents and judges must consider all of the needs and circumstances of the child and a number of factors that are listed in section 37 of the ''[[Family Law Act]]''. The best interests factors include the impact of any family violence on the child. When family violence is an issue, parents and judges must consider an additional list of factors to assess the impact of the family violence on the child and on a person’s capacity to care for the child. The family violence factors are set out in section 38 and include:
The ''Family Law Act'' also says that an agreement or order is presumed ''not'' to be in the best interests of a child unless it protects the child’s safety and well-being to the greatest extent possible.