In Australia, there is no minimum age which a child can legally refuse to see a parent following divorce or separation. Of course, once children of divorce reach the age of 18 years they can make their own decisions about where they live or which parent they want to spend time with.
What law applies when a child refuses to see a parent? When a child under the age of 18 refuses to see a parent in Australia a number of laws apply. Generally a child has no legal right to decide on their parenting arrangements, meaning they must abide by the decisions of the court and/or their parents.
There is no set age at which a child can choose who they live with, or choose when (or whether) they see the other parent. A child is legally a minor until he/she turns 18.
Visitation rights in Australia are parental rights awarded to the non-primary carer of the child, or the non-custodial parent. If your children live with your ex, these visitation rights enable you to access, see, and spend quality time with your children.
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.
There is no set time for a father to be absent to lose his rights in Australia. The only way for a father to lose their parental rights is through a court order made through the Family Court. Sole parental responsibility is when one parent is responsible for the major long-term decisions of the child.
The father's rights after separation are equal in Australia, meaning, a father could have at least 50% time with their child. Both the mother and the father can make a parenting agreement or obtain a consent order regarding parental responsibility.
This used to be called making 'custody' or 'contact' arrangements. These terms are no longer used in Australian family law. There is no rule that children must spend equal or "50:50" time with each parent.
Alternating weekends: A common 80/20 arrangement, the alternating-weekends schedule has the child live primarily with one parent and stay with the other parent every other weekend.
If you are unable to obtain a written consent from the father, then you may need to apply to the court for permission to take the child abroad. It is important to note that taking a child on holiday without a father's consent is not an issue if a father does not have parental responsibility.
No legal age for leaving children home alone
There's no one law in Australia that says how old your child has to be before you can leave them alone. In Queensland, if you leave a child under 12 years of age for an unreasonable amount of time without supervision and care, you have committed a criminal offence.
Once you turn 16, you won't normally be forced to return home by the authorities as long as you've got a safe place to go and you can financially support yourself. If you're under 18 and leave home, the police and Child Safety may investigate the reasons why you left home.
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.
If you believe that your child is at risk of being harmed where they are staying, you can contact the Police or Department of Community Services (See Police section & DOCS section). them know that you are willing to work on the problems and that you want them to return home.
From 14 years, children are considered fully responsible if they break the law. It doesn't have to be proved that they knew their behaviour was 'seriously wrong'. Children aged 10-17 years are generally treated as 'children' by the police and the children's courts.
Even though women tend to win most custody battles, getting there can be tough.
AIFS found that fathers gain sole custody in about 10% of all cases, fathers are the primary custodial parent in about 11% of cases, and fathers share custody in about 7% of cases.
Statistics show that women win child custody rights a staggering 90% of the time , even though fathers play an important role in their children's lives pre and post-divorce.
Violence or abuse, whether physical, emotional, or sexual, is one of the most serious reasons why a mother may lose custody. If the court determines that a mother has subjected her children to violence or abuse, she may lose custody, or her custody arrangements may be changed.
In Australia shared custody means that the non-residential parent pays child support to the residential parent. In the case of a 50/50 split, the higher earner usually pays child support to the lower earner to ensure the children's standard of living is the same in both locations.
A custody lawyer in Australia generally will charge between $350 – $650 per hour. A custody matter could cost between $5,000 – $10,000 if the matter is kept out of court. If the matter ends up in court, it could cost $20,000 – $80,000 on the very high end of things. Most matters do not end up costing that much.
There is no set geographical distance dictating exactly how far away you can move with your child, but but if that distance is deemed to significantly affect the other parent's ability to have a meaningful relationship with the child, then the court will need to establish if the move is in the child's best interests.
Unless there is a family law court order naming the surviving parent as intended to become the primary carer, it isn't automatic.
Parental Alienation Australia
Parental alienation is the term used to describe when one parent deliberately damages the relationship between the other parent and their child. Most psychologists and legal professionals have been aware of parental alienation for a long time. Proving parental alienation can be difficult.