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Home | Blog | Family law and the Kardashians

Whether you’re a fan or critic it is quite hard to not keep up with the Kardashians ever since the blended family rose to fame from their tv show which aired in 2007.

It’s been just over a year since the eldest of the clan, Kourtney Kardashian and her ex-partner Scott Disick’s 9-year relationship ended.

During their relationship they had 3 children, namely Mason, 6, Penelope, 4 and Reign, almost 2 years old who have also been in constant spotlight. Fans of the show would also see that despite the split of Kourtney and Scott that their 3 children are always spotted with both of their parents. In recent interviews Kourtney has expressed that she and Scott still communicate all the time and that she finds co-parenting easy.

Of course, this is not always a reality for parents who are no longer in a relationship. However the Kardashian sister’s parenting methods and views are an insight into what the Family and Federal Circuit Court of Australia look for in parenting matters.

The Family Law Act makes it clear that the paramount consideration in parenting matters is the best interests of the children.

Determining children’s best interest

There are 2 primary considerations when looking at what the children’s best interests are as well as additional factors.

The 2 primary considerations are:

  • For children to have a meaningful relationship with both parents; and
  • The need to protect children from physical or psychological harm from being subjected to, or exposed to, abuse, neglect or family violence.

If you watch the show, it’s clear to see that the couple put a lot of effort into keeping the family together. While spending time together when couples have broken up is not what the Courts are suggesting, it is clear that with Kourtney’s busy schedule she has put aside her differences with Scott to allow her children to have a meaningful relationship with their dad.

When referring to one of the additional factors the Courts may consider each parent’s willingness and ability to encourage and facilitate a close relationship between the child and other parent. Scott’s continued involvement on the show and day outings with the children is an example of this.

Scott’s attitude towards parenthood is another additional factor the Courts would look at whereby early this year he bought a house around the corner from Kourtney to facilitate spending time with his children so that a meaningful relationship can continue with his young children. While both parents may be multimillionaires in this instance it is acknowledged by the Courts that this is not always the case and the financial situation of parents is also taken into account.

As Kourtney suggests that she finds co-parenting easy, she also acknowledges “as the children grow older, the rules need to be renegotiated.” This is another additional aspect the Courts will take into account, being the practicality of the other parent’s involvement in the children’s life as they grow older when considering their best interests.

While the Kardashian lifestyle is glamorous in nature it is important to remember that the same elements applied by the Courts apply to all parents and rather it is the circumstances around each family’s situation that is considered when making parenting decisions. Keeping this in mind it is reminded that the children’s best interests are the focus and take priority over any dispute between parents, whether they can continue to holiday together like Kourtney and Scott or do not even live in the same country.

It can only be hoped that with the recent split of Kourtney’s brother Rob and his ex-partner Blac Chyna that they too will keep this in mind when their expected daughter arrives early next year.

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