Can a 12-Year Old Decide Which Parent To Live With?

When it comes to determining child custody arrangements, the child’s age can be a significant factor. In Australia, while there is no specific age at which a child can make a legally binding decision about which parent they want to live with, the child’s views and preferences are taken into consideration, particularly as they grow older and demonstrate a higher level of maturity.

The Family Court’s primary concern is the best interests of the child. A 12-year-old child may be able to articulate their preferences, but the court will assess whether those preferences align with their best interests, considering factors such as the child’s emotional and physical well-being, education, and the stability of their living situation.

The Importance of the Child’s Best Interests

In any family law matter concerning child custody, the overarching principle is to act in the best interests of the child. This principle guides the decisions made by the court and ensures that the child’s well-being remains paramount.

The court assesses various factors to determine what arrangement will best serve the child, including:

• The child’s relationship with both parents: Maintaining a healthy and positive relationship with both parents is generally considered to be in the child’s best interests, unless there are concerns related to family violence or other issues that may put the child at risk.
• Level of maturity and capacity to express views: As children grow older, their opinions and preferences carry more weight in court proceedings. A 12-year-old child is more likely to be given the opportunity to express their views compared to a much younger child.
• Family violence and safety considerations: If there are concerns about family violence or a risk to the child’s safety, the court will prioritise the safety and well-being of the child over other factors.
• Long-term stability and living arrangements: The court will consider the stability of the living arrangements offered by each parent and how these arrangements will contribute to the child’s overall well-being.

In Australia, the Family Court can order that a child spend time with a parent, even if the child may be initially resistant to the idea. This is because maintaining a relationship with both parents is generally seen as being in the child’s best interests, provided it is safe and appropriate.

However, the court’s decisions will always be based on the child’s best interests, and in cases involving family violence or other risks to the child’s well-being, the court may order supervised visitation or other protective measures.

Independent Children’s Lawyers typically get involved in cases when there are allegations of physical, sexual, or psychological abuse. They also intervene when there is an ongoing conflict between parents, and when a child feels disconnected from one or both parents. These lawyers also handle cases involving cultural or religious differences, as well as situations where there is a plan to separate siblings into different households or take a child abroad. It is advisable to avoid the expenses, time, inconvenience, and complexities of court proceedings.

It is preferable to attempt to reach a resolution before resorting to court. Given the potential complications, it is beneficial to seek advice from a knowledgeable legal professional who can provide guidance on options for Family Dispute Resolution (FDR).