icon

Explore True Cases, Judge Rulings and Law Firms.

Empower Your Decisions, Enlighten Your Research.

Free
Consultation Guidelines
Similar Case
Law Firm's Insights
Relative FAQs
In Sydney, Australia. Can children make their own decision about where they want to live?
In Sydney, Australia, children do have a say in deciding with whom they live, but they cannot make the decision entirely on their own. The court considers the child's wishes when making custody arrangements, but the final decision lies with the court to ensure it aligns with the child's best interests.

The Child's Say in Custody Arrangements

1. Factors Considered by the Court

According to the Family Law Act 1975, the court prioritizes the child's best interests when deciding custody arrangements. The main factors considered by the court include:

  • The Child's Wishes: The court considers the child's opinions and wishes, especially if the child is older and more mature.
  • The Child's Age and Maturity: The court evaluates the weight of the child's opinion based on their age and maturity.
  • The Child's Relationships: This includes the child's relationships with parents, siblings, and other significant relatives.
  • The Child's Needs: This includes emotional, psychological, educational, and material needs.
  • History of Family Violence: The court considers any history of family violence and its impact on the child and other family members.
  • The Child's Safety and Welfare: Any factors threatening the child's safety and welfare are considered.

2. Impact of the Child's Opinion

The court takes the following factors into account when considering the child's opinion:

  • Child's Age: Older children's opinions generally carry more weight.
  • Child's Maturity: The court assesses the child's maturity to determine the reliability of their opinion.
  • Consistency of Opinion: If the child's opinion is consistent and has been held for a long time, the court may give it more weight.

3. How the Court Hears the Child's Opinion

The court typically does not require children to testify directly. Instead, the child's opinion is gathered through the following methods:

  • Family Consultant's Report: An assessment conducted by a Family Consultant, which includes the child's opinions and feelings, is provided to the court.
  • Independent Children's Lawyer (ICL): In complex or highly conflicted cases, the court may appoint an Independent Children's Lawyer to represent the child's best interests.

Explanation of Key Legal Concepts

Family Law Act 1975: The main law governing marriage, de facto relationships, property division, and child custody in Australia.

Family Consultant: Professionals, typically psychologists or social workers, who provide the court with reports and recommendations concerning the child's welfare.

Independent Children's Lawyer (ICL): A lawyer appointed to represent the child's best interests in family law cases.

Best Interests of the Child: The principle prioritized by the court when determining custody arrangements, ensuring all decisions align with the child's best interests.

My Advice

  • Respect the Child's Opinion: During family discussions about custody arrangements, listen to and respect the child's opinion.
  • Seek Mediation: Before applying to the court, attempt to resolve the issue through Family Dispute Resolution (FDR). Mediators can help both parties reach an agreement.
  • Consult Professionals: If uncertain how to proceed, seek advice from family law attorneys or Family Consultants for professional guidance.
  • Submit Detailed Evidence: If the case goes to court, ensure all relevant evidence supporting the child's best interests is submitted.
  • Consider an Independent Children's Lawyer: In complex or highly conflicted cases, consider requesting the appointment of an ICL to ensure the child's best interests are represented.

I hope this information is helpful to you. If you have any further questions or need additional guidance, please feel free to ask.

Legal Link Finds Similar Case Law for You
Law Firm's Insights
Date
8 March 2016
Place
SYDNEY
Appellant
Karras Partners Lawyers
Judge
RYAN,ALDRIDGE,LE POER TRENCH
Highlights
1. The father has parenting responsibility for R from Monday to Friday from 7.00am to 6.00pm, and from 10.00am to 9.00pm on weekends, excluding statutory and public holidays. This parenting arrangement will commence on 1 July 2014 and will continue until the child reaches 18 years of age or until the parties agree to change it; 2. The mother has parenting responsibility for S from Monday to Friday from 7.00am to 6.00pm, and from 10.00am to 9.00pm on weekends, excluding statutory and public holidays. This parenting arrangement will commence on 1 July 2014 and will continue until the child reaches 18 years of age or until the parties agree to change it; 3. The mother has primary residential responsibility for T from Monday to Friday from 7:00am to 6:00pm, and 10:00am to 9:00pm on weekends, excluding statutory and public holidays; 4. The father is entitled, subject to the orders dated 25 June 2014, to Spending Time with the Children at weekends (on one day every two weeks) in accordance with his parenting schedule as set out in paragraph 2 above; 5. During school terms (which start on 1 September), each party is responsible for the children's education (subject to the terms of any relevant educational agreements between the parents or relevant authority). In addition, each party is responsible for settling their own school fees/tuition; 6. There is no overnight stay with either parent without the other parent's agreement; 7. Any dispute between parent about matters relating to the children shall be resolved by mediation or conciliation before a Family Dispute Resolution Service ('FDR') provider nominated by each party; 8. If after attempted mediation or conciliation a dispute cannot be resolved through these services then either party may apply to the Court for a hearing; 9 .The father shall pay maintenance of $25 per week plus GST unless there is agreed financial provision in writing by both parents; 10 .The father shall pay all reasonable travel expenses incurred by either parent in connection with his role as a parent (excluding any costs associated with relocation); 11 .The parties shall cooperate in arrangements for holidays/festivals/special occasions such as birthdays etc.; 12 .Any agreement made between parents about care of children must be recorded in writing and signed by both parents before it comes into effect; 13 .If there is a change of address for one
Judgment
The text of the judgment is as follows: That the appeal be dismissed. That the father pay the costs of the Independent Children’s Lawyer in the amount of $2,871.00 within 28 days. That the application of the Independent Children’s Lawyer that the mother pays half those costs be dismissed. That within 14 days the mother file and serve an affidavit addressed to rule 19.08(3) of the Family Law Rules 2004 (Cth), together with written submissions (if any) arising therefrom. That within 14 days of service of the affidavit referred to in the above order, the father file and serve written submissions in reply (if any).

Valuable Law Firm's Insights for you

Please note: These law firm's insights are not personalized legal advice. For personalized guidance, kindly consult a law firm.

Can a child choose which parent they want to live with?

The views of a child are taken into account, but the final decision about custody is made by the court based on the best interests of the child.

Law Firm's Insights From  Lawren Legal

Can parents decide on child custody arrangements without going to court?

Parents can make their own arrangements through a parenting plan or consent orders, but these arrangements must still be in the best interests of the child. 1.A parenting plan is a written agreement between parents that outlines the arrangements for their child's care, including living arrangements, schooling, and contact with each parent. 2.Consent orders are legally binding orders made by a court, based on an agreement between the parents, that outline the arrangements for the child's care.

Law Firm's Insights From  Lawren Legal

Can child support be affected by child custody arrangements?

Child support can be affected by child custody arrangements, as the amount of time each parent spends with the child can affect their child support obligations.

Law Firm's Insights From  Lawren Legal
Other FAQs You may Interested In
1. In Sydney, Australia.The children have been living with me since me and my partner separated and I want to move out of the local area. Can I just go with the children or do I need the other parent’s permission?2. In Sydney, Australia. Can I change my child’s surname?3. I am living in Sydney, Australia. I want to end my relationship but my ex-partner won’t move out of the house that we own. What can I do?4. I am living in Sydney,Australia. Do I have to attend family dispute resolution before I go to court about my children?5. In Sydney, Australia. I have an order for the children to spend time with me but my ex-partner won’t let me see them. What can I do?
Microsoft for Startups Microsoft for Startups
UTS StartupsUTS Startups
Explore True Cases, Judge Rulings , and Law Firms.Empower Your Decisions, Enlighten Your Research.