Can children decide who they will live with after divorce?
The Australian family law has now changed in regard to the views of children in parenting matters. It is no longer the case that children over the age of 14 get to decide who they will live with after his or her parents divorce or separate.
The law takes the approach that it is necessary to consider factors such as the age and the state of maturity of the child before considering their views. The children’s views are ascertained by a family consultant appointed by the Court who is in most cases a psychologist.
The Court is mindful, however, that making orders against the wishes of older children will likely be counter-productive.
See Family Law case examples on the Family Law blogsite
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