What Age Can a Child Refuse To See a Parent in Australia: A Guide for Parents and Children
What age can a child refuse to see a parent in Australia? The answer to this question is that the Australian courts will look at a child's maturity and give weight to their opinion accordingly. Usually, this means a child should be around 12 years old for their view to be considered by the court.
In Australia, there is no minimum age at which a child can legally refuse to see a parent following divorce or separation.
Of course, once children of divorce reach the age of 18 years, they can make their own decisions about where they live or which parent they want to spend time with.
Section 60CC of the Family Law Act, 1975 outlines various factors the court will consider when determining parenting arrangements after divorce and separation. A child's wishes are mentioned explicitly under subsection 60CC(3)(a) of the Family Law Act.
That subsection acknowledges the importance of a child's preferences, including instances where a child may refuse to see a parent. However, a child's wishes are not the primary elements the courts will rely upon in parenting matters.
Under section 60CC(3)(a) of the Family Law Act, 1975, the courts focus on two key areas being:
- The potential benefits of a child enjoying a meaningful relationship with both parents; and
- The need to ensure children are protected from both physical and psychological harm.
Even in cases where a child might suddenly refuse to see a parent, the Australian court system does not generally favour setting up a parenting arrangement where one parent is denied access to their child simply on that basis.
In this article, we look at the legal considerations around a child's refusal to see a parent following a divorce and what steps parents can take to ensure that a healthy co-parenting arrangement is in place to provide the best interests of all parties.
What Could be the Reasons Why a Child Would Refuse to See a Parent in Australia?
Several factors may contribute to a child's decision not to see a parent in Australia. The following reasons can provide some insight:
- The Impact of Parental Alienation: A situation may arise where one parent consciously or subconsciously influences the child to become distant or estranged from the other parent, often confusing what age a child can decide not to see a parent in Australia.
- Comfort-Based Preference: Children may develop a preference to stay with one parent due to the nature of the parent's lifestyle, living conditions, or the strong bond shared. This can prompt the question - at what age can a child say they don't want to see a parent?
- Exposure to Abuse or Neglect: In graver situations, a child might refuse to see a parent due to physical or emotional abuse or neglect, further complicating the understanding of what age a child can decide not to see a parent in Australia.
- Effects of Family Conflict: Persistent conflicts and disputes between parents can influence a child's decision to spend time with either or both parents.
Determining the root cause of a child's refusal to see a parent is essential as it plays a significant role in how family law matters are navigated in Australia.
At What Age Can a Child Legally Decide Which Parent to Live With?
Children under 18 cannot legally refuse to see a parent following divorce or separation.
Children under 18 will be bound to the co-parenting arrangements made by their parents, set out in Consent Orders, and endorsed by the courts.
Once the child has reached the age of 18, they can (as adults) make their own choices without reference to family court proceedings.
The Family Law Act 1975 in Australia doesn't provide a defined age when a child can single-handedly choose which parent they want to reside with.
Contrary to common belief, there isn't a specific age, such as 12 or 14, when a child can make this decision.
For instance, if a 12-year-old doesn't want to visit their dad in Australia, this doesn't automatically lead to a legal shift in parenting arrangements. However, the child's views are essential in establishing what is in their best interests.
Furthermore, although a child can express their preferences or even refuse to see a parent, it doesn't mean these desires will be the decisive factor in court decisions. It's a slight issue with many variables in each unique family situation.
What Are the Factors Considered in Allowing a Child to Decide Which Parent to Live With?
When determining parenting orders, courts will consider several factors:
- The benefit to the child of having a meaningful relationship with both parents
- The need to protect the child from physical or psychological harm
- The child's views and reasons for those views, taking into account their maturity and level of understanding
- The nature of the relationship between the child and each parent
- The willingness and ability of each parent to facilitate and encourage a close and continuing relationship between the child and the other parent
- The court will also consider any other facts or circumstances that it thinks are relevant. The ultimate goal is to uphold the best interests of the child.
How Do Courts Determine a Child's Maturity in Parenting Proceedings?
While the Act doesn't set a specific age, it does guide courts to give 'weight' to a child's views depending on their age, maturity, and level of understanding.
This concept was established in the notable case of 'U v U' (2002) 211 CLR 238, where the High Court stated that their views should be given more weight as a child grows older.
Each case is unique, and courts will consider various factors such as the child's emotional development, intellectual capability, and understanding of the situation. It's up to the judge's discretion to determine how much weight a child's views should carry.
Making healthy parenting arrangements using the courts
The best outcomes in family law proceedings always occur when both parents are committed to working together to co-parent their children.
That way, we will not have to ask what age a child can refuse to see a parent - instead, allow the parents to make that determination.
In a simple shared co-parenting arrangement, both parents will work closely together, communicate about each child's life, and always check with the other parent before making significant decisions.
A child under eighteen has no automatic legal right to refuse to see a parent after divorce.
Parents will decide privately about parenting arrangements by agreeing on what is best for their children or by the courts after evaluating the family dynamic.
The courts consider the factors cited above and advice received from family court report writers and Independent Children's Lawyers.
When Fatherhood Faces Legal Challenges: An Illustrative Justice Family Lawyers Case Study
In a sensitive case centred around the question, "What age can a child refuse to see a parent in Australia?" our client, a father, approached us for guidance.
His 15-year-old child was just refusing the court-ordered visits.
We provided comprehensive advice to our client, explaining that family therapy may be the best recourse here.
We enabled a more empathetic approach toward resolution by facilitating open communication between him and his child and providing insights into the child's legal petition.
Need Help Navigating Child Custody Concerns?
Are you wondering, "What age can a child refuse to see a parent in Australia?" These family matters are complex and require expert guidance.
Reach out to Justice Family Lawyers today. Our skilled team will help you navigate this intricate issue with your child's best interests in mind.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.