At What Age Can My Child Decide Who They Want to Live With?
- Written by Carolyn Devries, founder of New Way Lawyers
As parents navigate the complexities of separation and divorce, one of the most common questions is, "At what age can my child decide who they want to live with?" It's a valid concern, as parents want their children to have a voice in the decision-making and feel a sense of agency in shaping their own lives. In Australian family law, there is no specific age when a child can decide who they want to live with. It depends on various factors and is subject to the overarching principle of prioritising the best interests of the child.
To help parents understand the considerations involved when it comes to their child's wishes in determining living arrangements, we’ve outlined some of the key points:
The Family Law Act
In Australia, the Family Law Act provides the legal framework for post separation parenting arrangements. The primary focus of the Act is the best interests of the child. While the Act recognises the importance of a child's views, it does not specify an age when a child can decide who they want to live with.
Age and Maturity
When considering a child's wishes, the court considers their age and maturity. Older children, typically teenagers, may have greater weight placed on their views and wishes, as they are deemed to have a higher level of understanding and ability to express their preferences. Younger children's views are also taken into consideration, but the weight given to their wishes may be less due to their age and developmental stage.
Child's Understanding
The court assesses the child's ability to comprehend the implications of their preferences. This includes evaluating their understanding of the family dynamics, the impact of their decision on relationships, and the long-term consequences. A child's wishes may carry more weight if they demonstrate a mature understanding of these factors.
Independent Voice
In some cases, the court may appoint an Independent Children's Lawyer (ICL) to represent the child's best interests. The ICL's role is to provide an independent voice for the child throughout the legal proceedings and part of this role can include advocating for the child's views.
Assessing the Best Interests
Ultimately, the court's primary consideration is the best interests of the child. This involves weighing multiple factors, such as the child's safety, the benefit of the child having a meaningful relationship with both parents, their relationship with other family members, their cultural upbringing, and their emotional well-being. The child's wishes are just one factor among many that the court considers when making decisions about parenting arrangements.
It is crucial to note that each case is unique, and the court's decisions are based on specific circumstances and evidence presented. The involvement of legal professionals, such as family lawyers and Independent Children's Lawyers, can provide valuable guidance and support throughout the process.
Remember, the ultimate goal is to create a supportive and nurturing environment for your child. The information provided does not replace legal advice. If you have questions about your circumstances, consider contacting Lunch with a Lawyer Group on Facebook or other available resources.
About New Way Lawyers
New Way Lawyers is Australia’s first non-profit law firm, established more than 13 years ago to offer an alternative approach to family law. Founded by Carolyn Devries, New Way Lawyers provides comprehensive family law advice and representation based on the principles of excellence, care, accessibility, and innovation.
You can contact New Way Lawyers for a free 20-minute consultation at (07) 3548 5890. They have recently expanded their services and opened a new office in Victoria.
By Carolyn Devries, founder of New Way Lawyers
