What must a court always consider under the Family Law Act?

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In the context of family law, especially as it pertains to matters concerning the welfare of children, the court must always consider the child's best interests. While it is indeed necessary for the court to take into account various situational factors when making decisions under the Family Law Act, the aspect of whether a civil protection order is pending or in effect holds specific significance.

Protection orders are often critical in cases involving domestic violence or threats to the safety of children. The existence of such an order can directly impact the court's assessment of the environment in which a child lives, influencing custody, access, and the overall safety considerations for the child. When a protection order is in place, it establishes a legal framework that the court must prioritize to ensure the child's safety and well-being.

Other factors such as the financial status of the parties, the wishes of the child, and the age of the parents may be relevant depending on the specific circumstances but are not always essential considerations under the Family Law Act. Therefore, the necessity of ensuring that any protective measures are acknowledged is paramount in these proceedings.

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