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QLD Custody of Children - Considering Disabled Child's Views on Visiting Parent?

Discussion in 'Family Law Forum' started by Keeper, 8 September 2015.

  1. Keeper

    Keeper Member

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    I have 3 children ages 16, 11 and 13. Child aged 13 is intellectually impaired. Under Family Law, at what age can children have views considered in who they spend time with and for how long? Final custody of children orders were made in February 2010.
     
  2. AllForHer

    AllForHer Well-Known Member

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    If you have final orders, they apply until the children are 18 and you are expected to actively follow them, not just passively. That means you're required to positively encourage the children to spend time with the other parent, and this obligation is outlined in the paperwork attached to your orders.

    If you were to go back to court, you would need to satisfy the requirements of Rice & Asplund, which holds that there must have been a significant change in circumstances so that current orders no longer meet the best interests of the child in order for the court to consider changing final orders.

    There is no age whereby a child's opinion is solely followed by the court. It will only ever give consideration to their opinion among many other factors. On average, the age where the court grants more significant weight is 12, provided the child is deemed old enough and mature enough to make informed decisions.

    These views are acquired from the child by a psychologist and then passed on to the court in a family report.

    Hope this helps.
     
  3. Keeper

    Keeper Member

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    We are wanting to go back to court. My understanding is the amount of time that has passed is sufficient to meet Rice and Asplund test. Both parties are remarried. I have children 9 days per fortnight. Other parent is very difficult. Has been an incident where youngest child was hit on face by father. She confided in a teacher who reported it and police became involved and interviewed child. Father spoken to but no action taken.
    Disabled child is locked in bedroom at night, strapped to chair for meals and put in care all the time she is with father. Many carers have refused to go to his place due to his attitude and approach.
    Youngest is put in before and after school care. He has not attended a single parent teacher interview for her in all her school years or school events yet attends all for eldest.
    Original orders he was supposed to have an after school visit on the alternate Wednesday. He unanimously decided to discontinue these with no discussion or notice other then instructing bus to drop daughter at my place. This is clearly a breach of orders. He said it was too disruptive for children. He argued all through court he was a govt employee could work part time and Flexi and went part time during proceedings. Once orders made returned full time and does not even take time during holidays to be with kids.
    He also takes oldest and youngest on holidays but leaves disabled child behind with his mother.
     
  4. AllForHer

    AllForHer Well-Known Member

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    Sorry, when you say, 'we', who are you? The stepfather?
     

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