VIC Son Wishes to Live with Father - Who will Family Court Favour?

[Maleny]

If I went to family court with my ex husband who claims my 13 year old son will now live with him (against parenting orders), would the family court be in favour of him because my son's wishes are to live with him?

 

[Lawyering mum]

There is obviously more background to this story - however in short, no one can really answer that without knowing more. Generally speaking, your Son is of an age where his wishes will be considered by the court, along with other factors that are relevant (history etc). If you are concerned that this is a possibility I would suggest that you seek some legal advice - there are a number of law firms who offer free initial consultations so perhaps try one of those for some more guidance.

 

[AllForHer]

Agree with the above. Generally speaking, the court gives more weight to a child's views the older they get, so it may result in the child living with whichever parent they voice preference for and spending time with the other "in accordance with their wishes". But it is only one of the factors considered. There are many others the court will take into consideration.

 

[Maleny]

Thank you both for your help in answer to my question

 

[Maleny]

If anyone else has been in a similar situation.. I'd love to hear from you.