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QLD When Can Children's Choices be Heard Under Family Law?

Discussion in 'Family Law Forum' started by Catherine12, 31 May 2016.

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  1. Catherine12

    Catherine12 Member

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    So my partner and his ex have 4 kids. They live in QLD and we live in Melb. He had 60% care of them until he moved here 8 months ago. What we are wondering is, at what age does the choice of what the child wants come into it? We are aware that it's not going to be for a while.

    When can they have a voice about who they live with under family law? Eldest is 12 then 8, 6 and 5. And then how do we make sure their wishes are firstly heard and secondly followed?

    Thanks
     
  2. Catherine12

    Catherine12 Member

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  3. AllForHer

    AllForHer Well-Known Member

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    There's no hard and fast rule or designated age for when a child's views will be given weight. It depends on how mature they are, how firm they are in their views, as well as age. As a guideline, the older they are, the more weight it will be given, most significantly from about 12 years of age and above.

    The challenge here is the variant ages of the kids. The youngest, being 5, probably won't have any weight given to their opinion, which potentially limits the weight of the 12-year-olds opinion because the Court is reluctant to separate siblings.

    Regardless, however, a family report writer will be sourced to ascertain what the children's views are for presentation to the Court. A parent's affidavit reciting what they have heard from a child won't be persuasive on its own.
     
  4. ~*•arian_angel•*~

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    I am not sure exactly, however, I am currently going through the family law courts with my ex and our 4-year-old has just been appointed an independent children's lawyer. The job of that person is to determine what is best for the child. So what the child wants may be heard but whether or not it is considered in the final ruling or not I don't know.
     

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