When can my child decide where they want to live?

Hello Everybody,

Today I thought I would address one of the most common questions I get from my clients, that is "When can my child decide where they want to live?"

Contrary to what a lot of people think, a child can not decide where they want to live at 12 or at any other precise age.

The court must act in the best interests of the child. Many factors are taken into account to determine what the best interests are and one those is "any views expressed by the child and any factors (such as the child's maturity or level of understanding) that the court thinks are relevant to the weight it should give to the child's views".

Some 10 year olds are very mature and very clear in what they want. Some 14 year olds are unable to state their views as they do not want to be disloyal to either parent. The views of the child will be given different weight and significance in each case, but in general, the older the child the more significant their views will be.

This of course does not necessarily mean that the court will order what the child wants, if other evidence shows the views have been coerced, are not genuine or if the views do not reflect what is in the child's best interests.

That said in my experience the court is very reluctant to make orders for children over 16 years of age and will usually act in accordance with their wishes.

If you have any further queries please feel free to contact Nicola Watts directly at Septimus Jones & Lee on +61 3 9613 6555