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QLD Family Law - At What Age Can Child Refuse to See Parent?

Discussion in 'Family Law Forum' started by Deboi, 27 March 2016.

  1. Deboi

    Deboi Active Member

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    Does anyone know what the legal age under Family Law is before a child / adolescent can refuse to stay with a parent when the parents are divorced in NSW?

    At the moment, I have three grandchildren and particularly the older two, absolutely dread having to go to their father's when it is his turn. The middle child is absolutely stressed and in tears when he knows that the time is coming for him to have to go there.

    Regards
     
  2. AllForHer

    AllForHer Well-Known Member

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    Are there orders in place?
     
  3. Deboi

    Deboi Active Member

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    Yes there are orders in place.
     
  4. sammy01

    sammy01 Well-Known Member

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    I think you need to be addressing their concerns / discussing with the other parent. etc.

    At the age of 12, a court will consider the wishes of the child. Doesn't mean that the kid gets to rule the show. What if the kid doesn't want to go to school / dentist, etc. Does the kid get to make those rules too? Nope.

    If you have court orders, it is unlikely that you'll have much luck in getting them changed. How old are the orders?
     
  5. Hope this helps

    Hope this helps Well-Known Member

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    The child/ adolescent is frightened, worried, stressed, doesn't want to see father. You have to sit down and talk to him as only you know why or if the child feels they can with your support as in being by their side to talk and tell the father the reasons then this is the first option.

    Second option is depending on the child if they wish they can write a letter, email saying they don't want to and explain why and converse with father so it can be sorted out.

    Thirdly, if this doesn't work and many acts to talk or converse with and between the father and the child has resulted in no solution then you will have to either seek family guidance, counselling at Australia Relationships or other family counselling.

    This doesn't work, then mediation with a Mediation Process Practioner, you will have to start which by law email 3 practioners' names, address and phone numbers and send it to the father. He has the opportunity to respond within 7 days of his choice out of the 3 practioners to see.

    If not, you will chose.

    Then the child and yourself depending on the child's age after the appointment is set up will attend mediation. Many attempts will be made to solve and come to agreement. Should this mediation not occur then they will give you a certificate stating that the situation cannot be resolved and that court will be necessary.

    You will as well as the child and the father be appointed to a court social worker or counsellor or psychologist who will individually interview you and a family report will be done for court for the judge to view over and discuss between yourself, the ICL and father.

    Depending on the age of the child - their view point will be made priority and into consideration but not necessarily given what they want. The older the child from 12-17 of age , the more the judge will take their needs and wants into consideration.

    Depending on the reason why they are stressed, don't want to spend time, frightened, the judge can make the father take Tripple P program which is a parenting course, and other orders but the father still has rights to see his child/ children.
     
  6. AllForHer

    AllForHer Well-Known Member

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    If you have orders in place, they are legally binding until the child turns 18.

    However, the older and more mature the child, the more likely the court is to address contraventions by changing orders to accommodate the child's wishes. For many children over the age of 16, the court has changed orders to read 'That the child spend time with the mother/father in accordance with the child's wishes'.
     
    Hope this helps likes this.
  7. Hope this helps

    Hope this helps Well-Known Member

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    Allforher is correct.
     

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