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QLD Son Wants to Live with Me - What are His Rights?

Discussion in 'Family Law Forum' started by shona, 9 July 2015.

  1. shona

    shona Active Member

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    My son is 13 and was 50/50 with father and myself (custody of children). My son wanted to come live with me and has for a few months and is now 13 years old.

    What are my son’s rights under family law in relation to living with one parent of his choice?
     
  2. AllForHer

    AllForHer Well-Known Member

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    There are no specific rights that apply to this circumstance, but if the court were to deliberate on this matter, it may give significant weight to the child's opinion about who he wishes to live with.

    It would be best to organise a family dispute resolution conference to discuss this with the father before taking action. Taking action without efforts to reach agreement with the other parent tends to go sour fairly quickly and the court frowns upon it, but Relationships Australia offer child-inclusive conferences so that the child's views can be heard and considered by both parties in discussing current arrangements.

    Hope this helps.
     
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  3. Mjem

    Mjem Member

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    I'm in a similar situatuon, only my 13yr old lives 4hrs away from me and is determined to come live with me (tells me he'll run away to me etc..) His father and I don't have any court /custody orders of any sort. Could I bring him home with me?

    He's so distraught and is scared to voice his opinions or wishes to his father
     
  4. AllForHer

    AllForHer Well-Known Member

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    The same response can generally apply.

    If you don't have any Court orders, then you can do as you please, but some things to consider:

    1. Dad, being the residential parent, can file for a recovery order.
    2. Have a read of paragraphs 59 to 68 in the following case: http://www.austlii.edu.au/au/cases/cth/FCCA/2017/1790.html
     
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