Best interests govern
Section 37 says the parties and the court must consider the best interests of the child only when making agreements or orders respecting guardianship, parenting arrangements or contact. The statute lists factors including the child's health and emotional well-being, views where appropriate, relationships, care history, stability and family violence.
Parenting arrangements
Only a guardian may have parental responsibilities and parenting time under the Family Law Act. Sections 40 to 45 address how those responsibilities and time can be allocated by agreement or court order. The Act expressly rejects a presumption that responsibilities or parenting time must be divided equally.
When Form F101 is required
If a person seeks an order appointing them as guardian, Rule 15-2.1 requires the prescribed Form F101 guardianship affidavit and service on the other parties and anyone else who may be affected, subject to the Rule's specific interim and currency provisions.
Interim parenting orders
Where a case is already underway, a party may seek interim parenting relief by application. Evidence should be organized around the child's needs and the statutory best-interests factors, not grievances that do not bear on the child.
Reports and evidence
Some cases involve a section 211 assessment, expert evidence or other evidence about the child's circumstances. Those processes have separate rules and should not be treated as automatic requirements in every parenting dispute.
Cost planning
Parenting litigation can expand rapidly if every historical disagreement becomes evidence. Focusing the record on the orders actually sought and the statutory child-focused factors can make legal review and hearings more efficient.