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legal age for child to change living arrangements with other parent.

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change of living arrangements for child

Hi all,

Just looking for a bit of advice on where to go next.i seperatered from my x  wive 18 months ago,I have the 3 kids 4 days/nights per fortnight,with no consent orders in place,things have just run there course in this time,but my eldest daughter (aged 13) is ademant she wants to come an live with me when school finish's this term,She hasnt told her mother as she just wants to come with me and not go back home.Would this cause many problems if she kicks up a stink about this(the x wife),As im sure she is goin to.My daughter is a very unhappy child there an really wants the change,I just want to know what my best option is,And also is there a legal age for the child to change living arrangements without going to familycourt in NSW.

Thanks in advance
Legallly, without orders, then I believe that you're as much a parent as the other parent (in theory) and vice-versa.

If the matter were taken to court, then it is quite likely that at 13 the child's opinion could have a great deal of weight. So assuming that there are no other factors, it would be the wisest option if both parents agreed to what the child wants in regards to where she lives. If not then there is a a good chance that the result would be much the same other than the expense involved.

As for what the other parent might do. It could be that she involves the police, perhaps making up allegations about domestic violence or even sexual abuse. These latter two are not uncommon. One factor that might be relevant is that of the monies for the child. Child support and Family tax. Are these currently claimed? If they are then they should be transferred so that you can collect these on behalf of the child and this could compound the issue(s). I'll ask others to give you advice on protecting your daughter and yourself from such potential attacks.

My situation was a little similar. The other parent was the "Lives with" parent and I am now the lives with parent. It literally just happened (8 days and most of them were simply to make the arrangements). One difference is that court orders existed. I suggested having them changed but the other parent didn't want to, so we still have the old orders that are not followed. I have no doubt that should issues arise that rather than being seen as contraventions, the court would likely praise us for not bothering them and doing what good parents should do and that is to consider the best interest of the child or children. No legalities as such, a call to the CSA, they called the other parent to confirm, and arrangements to change school. The other difference was that the other parent wanted/needed this (I was actually in the process of making preparations to cover all bases, including taking the matter to court if need be, as my son had done as your daughter had, and made his wish to live with me known, he was nine at the time and I'd said I try to arrange things to coincide with the changeover from primary to secondary school).
Hey thankyou very good advice and very well explained. With the things that the other party may do funny that! they are trying by the way of an A.V.O which has my three childrens name's listed.All of these claims are false but know i see the avenue they are desperately persuing.I have been to court on one other occassion that proved fruitless to the other party. I have moved on with my life and have a partner that supports me and my 3 children. My children love to all visit and i find it hard to take them back home when they individually tell me their own stories. I take no action but know feel for my daughters mental health i have to know how to support her in her decision to live with me. I feel helpless where as a parent i can not protect my daughter against the other parent,for i may seem to be influencing her decision making in this pathetic situation but need to be informed now; i can no longer stand idle
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