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QLD Family Law - When can Son Decide to Live with Father?

Discussion in 'Family Law Forum' started by Nessaj, 9 November 2015.

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  1. Nessaj

    Nessaj Member

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    Hi, my son has told me that he wants to live with his dad full time when he turns 12. I completely disagree. What age is he allowed to decide under Family Law?
     
  2. Sophea

    Sophea Well-Known Member

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    Hi Nessaj,

    If the matter were to go to court, the child's views would be taken into account. Regarding shared parenting the Family Law Act sets out a number of things that a court must take into account when making a decision. These include "Any views expressed by the child and any factors (such as the child's maturity or level of understanding) that the court thinks are relevant to the weight it should give to the child's views."

    There is no minimim age provided in the Family Law Act that a child must be in order for his or her wishes to be taken into account. However in previous cases Courts generally take a child's wishes into account at about 12 years of age or as young as 10 if the child is mature. The weight the Court will give to the child's wishes will also depend on the maturity of the child and how clearly their views are expressed.
     
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