NSW Court Orders

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mikayla

Member
23 June 2020
2
0
1
Hi,
My parents have court orders that they have equal custody of me. I've never enjoyed seeing my father and my mum is fine with that. Over the past 5 years, my father has stopped abiding by the orders, and sees me twice a year. I am fine with this, however when it comes to school and moving (interstate or overseas) we have to have his permission, which he never allows because he loves to be able to control me. I am almost 14 and from what me and my mum understand, you're allowed to stand in court when you're 14 years of age. Is that true? I'd really like to get rid of the orders all together, as he hasn't even called or texted in several months, when he used to call every few weeks. Is there more of a chance that the court would choose one parents side over the other? My mum is extremely caring, but my father tells people she's crazy and can't look after me which is not sure at all.
Thank you,
Mikayla
 

sammy01

Well-Known Member
27 September 2015
4,634
663
2,894
14 year old stand up in court? NOPE.
the courts will consider the views of a child and will give more weight to the views of a 16 yr old, than a 14 year old and more weight to a 14 yr old than a 10 year old....

With respect - both your parents are twits. You have already worked that out about your dad.. But your mum should not have you this concerned about this that you're posting on this site.

Tell mum if she wants to move interstate or overseas she can apply to court, but it has nothing to do with you. Your job right now is to be a kid and worry about kid things. BTW does mum actually want to move interstate or overseas?
 

mikayla

Member
23 June 2020
2
0
1
Okay thank you. No, my mum isn't trying to get me involved, she's fine the way it is, but I'm the one who wants to break the orders, so she's not doing anything wrong. She also doesn't know that I'm posting on here, so if anyone's at fault, it's no one but myself. We are wanting to move interstate so we can live with my sister.
 

Tim W

Lawyer
LawTap Verified
28 April 2014
4,014
723
2,894
Sydney
....but I'm the one who wants to break the orders...
Not so much.
You don't breach the orders.
It's your parents who are subject to the orders - not you.
 

GlassHalfFull

Well-Known Member
28 August 2018
435
36
714
14 year old stand up in court? NOPE.
the courts will consider the views of a child and will give more weight to the views of a 16 yr old, than a 14 year old and more weight to a 14 yr old than a 10 year old....

Yes, although if a family report is done, I think the views of a 14 year old will be taken fairly seriously by the report writer which will inform the decision of the judge. It's probably worth looking into (OP's mum obviously) since it will take into account all kinds of psychological aspects, both of the children and the parents. It will be fare more thorough and impartial than anything a parent could put into an affidavit making a claim about what is in the best interests of their child.
 

Step2Three

Well-Known Member
21 December 2018
44
12
154
I've never enjoyed seeing my father and my mum is fine with that. Over the past 5 years, my father has stopped abiding by the orders, and sees me twice a year. I am fine with this,

He hasn't even called or texted in several months, when he used to call every few weeks.

Do you think these two statements might be related to one another? If you make no secret of not enjoying your father's company is it possible that rejection has led to him not calling? Believe it or not, even parents can only take being treated like that by their kids for so long. My stepdaughters speak to their father appallingly on the phone (even though they split 40:60 of their time here and have a good relationship with their dad) and he regularly gets off the phone feeling like he shouldn't bother making the effort to speak with them.

As per the others, legal stuff is Mum + Dads problem to sort out. If it were to follow a legal path, your opinion would be considered along with many other factors.