When can my child decide where they want to live? This is a question frequently asked by parents with teenage children or a child nearing their teenage years.
There is no “magic age” when a child can decide where they will live and the amount of time they will spend with their other parent. The Court’s paramount consideration is the best interests of the child. Views expressed by a child are considered by the Court when determining the parenting arrangements pursuant to the Family Law Act 1975. Views can be placed before the Court in a number of ways; however, the most common method is by obtaining a family report.
The Court is required to give the child’s views the amount of weight it considers appropriate in the circumstances of the case however; it is not bound by a child’s views. When determining the weight to be placed on a child’s views the court considers matters such as the strength and duration of their wishes/views, the age and maturity of the child and other factors such as parental alienation.
Greater weight is generally given to a child’s views as they enter their teenage years (depending on their maturity), with the greatest weight usually given to children from their mid- teens.
The Court must show that they have considered a child’s views when determining a matter. If the Court rejects a child’s views, it must give clear reasons for rejecting their views. The views should not be discounted merely because they have been expressed by a child.
The child’s views are just one matter to be taken into account when determining the child’s best interests.
There is no “magic age” at which a child can determine their living arrangements, however, the greater the age and maturity of a child, the greater the weight that will be placed on their views. The paramount consideration for the Court remains the best interests of a child.
DBL Solicitors