The Family Law Act (1975) does not specify an age for when a child can choose where to live until they become an adult.
There is no set age in Australia and it is a factor to be considered. Children up to the age of 17 have had their wishes ignored. on their assessed maturity level and capacity to make decisions.
Once the child has reached the age of 18, they can (as adults) make their own choices without reference to family court proceedings. The Family Law Act 1975 in Australia doesn't provide a defined age when a child can single-handedly choose which parent they want to reside with.
If a child doesn't want to live with a parent, it might be a safety issue. If your child is old enough, ask what is happening there that makes him or her not want to go. For small children, ask them to draw a picture of life at Daddy's house. A professional counselor and lawyers might need to be involved.
There is no magic age before they turn 18. A judge must take a child's preference into account, along with that child's age, maturity and other factors. But the final decision is always up to the judge. Simply put, in a custody action, a child has a voice but not a choice.
Talk to your child about why they don't want to go
Try to get to the bottom of why your child doesn't want to spend time or stay with your co-parent. Let your child express their feelings to you without judgment. When it's your turn to respond, do so with kindness and understanding.
Most of the time, children benefit from having good relationships with both parents. But if your child wants to live with their other parent full time, give your child space to express how they feel, and listen openly. But don't allow them to be rude—if they need help, guide them through rephrasing some statements.
When parents try to get their own needs met by living vicariously through their offspring, it puts tremendous pressure on the child and reverses the proper roles. In this scenario the child is being pressured to meet their parent's needs, which is very destructive to proper child development.
If a father is seeking to take a child away from the mother, he may need to initiate legal proceedings in the family court. A father may initiate proceedings by filing an application for time with the children.
Presently, the term 'parental alienation' is not recognised or referred to in Family Law Act 1975 (Cth). However, the Federal Circuit and Family Court of Australia has made reference to and made appropriate orders in cases involving parental alienation. Currently, parental alienation is not in itself a crime.
There is no set standard as to far you can and cannot move. It is decided on a case-to-case basis and relies on its effect on your children and their ability to have a meaningful relationship with their other parent.
In Australia, the most common child custody arrangement is joint custody or shared care, which promotes shared parental responsibility and equal or substantial time spent with each parent.
Many people believe there is a legal age for a child to choose which parent to live with. However, this is not one of the determinants. Instead, there is a range of other factors that the court will assess in deciding the living arrangements for a child.
There is no law about what age you can leave home, but your parents generally have to look after you until you're 18. The most important thing is you have a safe place to live. If you are under 18 and there are Family Court orders about you or you are under guardianship, then the law may be different for you.
There is no one law in Australia that says what is the legal age to babysit. Parents must use their judgement about what is reasonable when choosing a babysitter.
Give yourself the distance you need so you can retreat into a safe space. Try having an itinerary that's full, so you can limit your time with any toxic parent. In doing so, you'll place boundaries on the amount of time you spend, what you give emotionally, and what you give physically with time.
If he is going to be safe at his father's, perhaps this is an option. However, if you don't feel that his dad's is an appropriate home for him, then you need to make the decision soon. Either way, let your son know that your rules and expectations are not going to change regardless of where he lives.
If you can, come up with alternative solutions or options: a time change, new agreements, more space for their things. Suggest you'll have a conversation with dad if that's appropriate—or perhaps they can have that conversation themselves. Don't discount your child's feelings or wishes.
After a good discussion, give it time for you both to think it over and consider each other's proposals and concerns. If you've decided not to allow your child to go, discuss your reasons with your child and let them know you will consider it a little later, once the situation has changed.
Some fathers see their children every day, while others might see them just once a month. Parents might share responsibilities and alternate weekend contact, or some fathers may have weekend contact every week. However as weekend contact every week might not be appropriate parents can often plan amongst themselves.
What is the answer? The answer is usually no, a parent cannot stop a child from seeing the other parent unless a court order states otherwise. This question often comes up in the following situations. The parents (whether married or unmarried) are no longer together and the child resides with one of the parents.