Donate Child Support Calculator
Skip navigation

What age can a child decide visitation with parents

Have been told there is a website saying if a child is 9yrs old, they decide

Hi, I have posted this question previously in response to another thread but I cant find it so here I am again…

I dont believe that it is true that a child under 16 can decide who to live with/visit with,  as it is my understanding of the law that if the parents cant decide, a judge does based on various reports including the child's thoughts and feelings if they are of reasonable age etc…

However, regretfully, it has been told to me by my loved one that his mother who apparently showed him a website that said as he is over 9yrs old, he can decide what he wants to do. This is another low blow in her quest to use the child to manipulate to back off getting clearer consent orders.

So if anyone knows of any websites, that deal with this topic, I would be grateful as I wish to be forearmed.  From everything I have read they can take the childs opinions & feeligns etc into consideration, but not the final judgement..
Hi,

My son was 12 when the Judge through a court appointed couselor let him chose. They make sure that the child is mature enough to understand what they are doing by talking to them. The main reason is that the Judge gets concerned is that children will runaway if they are put where they do not want to be. This is now happening with my other 12 year olds when they go for weekend visits.

I believe from what I read the Judge usually makes the call on whether they listen to the children or not but children running around the streets is not a good thing either. I have never heard that 9 years and above is the law.
Refer to section 60 CC.3 and section 60CD of the FL Act.

It means that the court takes into account what the child thinks. The child cannot simply chose.

Coaching issues are also explored through this process.

I don't believe there is an age specified. section 60CC.3 gives some details here. It depends on their level of maturity and understanding.

"When there is no enemy within, the enemies outside can not hurt you"
A child's views can be sought at any age, depending on perceived maturity.

The general rule of thumb is from 12 and up.

Younger children are often spoken to, but this only begins to carry real wait as the child gets older and has more maturity.

As said before, it is not about a child choosing who they live with, but it is a factor which increases with the age and maturity of the child.

Junior Executive of SRL-Resources

Executive Member of SRL-Resources, the Family Law People on this site (Look for the Avatars). Be mindful what you post in public areas. 
There is a point where the child's wishes are adhered too, it's not through choice simply put the child is of an age where they can stand up and act on their own wishes. At this time it would be perceived that there would be no point returning the child because they would run again better to have the child safe than living off the streets. i have rad a case in W.A. where this was used and the decision was because of the extent of parental alienation it would be detrimental for the ( victim ) parent to have contact, the child was around the 14 year age. Sorry I can't remember the case reference as it was a couple of years ago.

 
Another alternative that happens at times, sort of like in my situation, is that the parents themselves ascertain and act upon the child's wishes, without recourse to the courts/judge.
Thanks everyone.

Reconfirms my thoughts on it too.

I think she has showed the child a web page and misrepresented the contents.
1 guest and 0 members have just viewed this.

Recent Tweets