Children grow up so fast – one minute they’re struggling with their first words and the next they’re mastering an essay. Naturally, the older a child is the more capable they are. As a child grows older, they have different responsibilities and different rights.
In a family law parenting matter, the age of the child will impact the parenting arrangements. The paramount consideration of the Court is the best interests of the child. This is considered with reference to two primary considerations: (1) the danger to the child and (2) the importance of having contact with both parents. The Court also factors in secondary considerations, one of which is the views of the child.
When the Court considers the opinion of the child in parenting arrangements, they give more weight to the view of an older child. An older child is quite able to voice their opinion on any number of issues and similarly they are able to provide their view on family law parenting arrangements.
Essentially, the older the child the more the Court is likely to consider the child’s view on parenting arrangements.
So what does this mean for me?
When considering an appropriate arrangement that is in the best interests of your child, it is a good idea to consider the views of your child. This may mean that in the case of an older teenage child, you allow them to choose which parent they wish to spend more time with.
Although parenting plans are negotiated by the parents, they may not be approved if the Court does not believe the child’s views have been taken into account. Alternatively, you may go to all the trouble of getting consent orders only for your child to refuse to abide by them! As such, you should carefully consider the wishes of your children
If you have further questions, please contact us at frank@franklaw.com.au.
This is not legal advice.