Sue Me Later

How Australian Courts REALLY Decide Parenting Cases

Hayder Shkara

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0:00 | 7:41

How do Australian courts really decide parenting cases?

If you think it comes down to who is the “better parent” or whether parenting will be 50/50, you’re not alone.

But that’s not how the Family Court actually works.

In this video, I break down how judges make parenting decisions in Australia, what the court really focuses on, and the biggest myths that cause parents to misunderstand their own cases.


  • What the “best interests of the child” actually means in practice
  • Why parenting cases are not about punishing parents
  • The key factors judges look at when making parenting orders
  • Common mistakes I see parents make in real cases
  • How the court balances safety, stability, and meaningful relationships


I also share real-world insights from my experience as an Australian family lawyer, so you can understand what happens behind closed doors in parenting decisions.

0:00 Introduction
0:41 Family Court isn't trying to punish anyone
1:06 What is the best interest of the child?
1:43 Consistency is key
2:21 6 key factors courts consider in child cases
6:06 Family court decisions are often imperfect
6:42 Preparation is key
7:01 Why parents leave the court room unhappy?