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At what age can a minor choose his custodian?

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Hi,

My ex has custody for our 2 sons and I have visitation rights.

They have both informed me that they wish to move in to live with me. The problem is that I have emigrated from Australia a couple of years back, but they say they're willing to come stay with me.

At what age can a minor choose his custodian? And how can they be removed from an airport watchlist with the AFP?

Thanks

Last edit: by Secretary SPCA

I'm pretty sure that there is no set age and it's also more complex than just them wanting which in itself is far above willing. Unless the other parent agrees, then you would have to battle this out and if not agreed to upon the way the Magistrate or Judge would make the decision, in which case the child's wishes and age may become factors that are considered. Simply, without a lot more knowledge of the situation, it would be hard to what the likely deciding factors would be. It even depends on who makes the decision.

My suggestion would be to look into the SRL-Resource area with a view to joining, you can then provide greater detail in a secure manner. Furthermore I'm not that well versed in Family Law, the advice of the SRL-R's (they are distinguishable by there badges) is far better headed than mine. Look for the :-



As far as i have seen their is no set age on when a child can basically decide (ie children's issues) but I have seen in judgements as young as 7 but it is based on maturity also it would depend on the situation and being out of the country I believe they may look at it quite thoroughly.

As for the airport watch list, I know this quite well that the only way that can be removed is with a court order. Passports are another issue but airport watchlist the name is their till the children are 18 or a court orders the removal.
Guest said
Hi,

My ex has custody for our 2 sons and I have visitation rights.

They have both informed me that they wish to move in to live with me. The problem is that I have emigrated from Australia a couple of years back, but they say they're willing to come stay with me.

At what age can a minor choose his custodian? And how can they be removed from an airport watchlist with the AFP?

Thanks

Guest your information is very sketchy.

Children can generally vote with their feet at about 14 years of age, (sometimes younger or older depending on how a Court views their maturity) however you are saying you are not in Australia. This would pose several issues for the Court, what education and healthcare is available in your location, how much disruption would a move cause the children, how would the other parent maintain contact? In other words not a straightforward situation at all.

Minors cannot choose a custodian, the terms are lives with and spend time with parents.

An Airport watch can only be removed by a Federal Court order or by a Court having some powers under the Family Law Act (most Local Courts) if both parents agree to its removal.

Presumably you ex took out the order? In which case its removal would be disputed? and definitely referred to the FMC.

SRL-Resources. the Family Law People on this site (look for the Avatars) www.srl-resources.org  Non gender Professional and peer support for SRLs. Closed site, no public forums, no search engines, no lurkers, guests or the other side and their Lawyer and Friends.
SRL-Resources said
Guest said
Hi,

My ex has custody for our 2 sons and I have visitation rights.

They have both informed me that they wish to move in to live with me. The problem is that I have emigrated from Australia a couple of years back, but they say they're willing to come stay with me.

At what age can a minor choose his custodian? And how can they be removed from an airport watchlist with the AFP?

Thanks
  Guest your information is very sketchy.

Children can generally vote with their feet at about 14 years of age, (sometimes younger or older depending on how a Court views their maturity) however you are saying you are not in Australia. This would pose several issues for the Court, what education and healthcare is available in your location, how much disruption would a move cause the children, how would the other parent maintain contact? In other words not a straightforward situation at all.

Minors cannot choose a custodian, the terms are lives with and spend time with parents.

An Airport watch can only be removed by a Federal Court order or by a Court having some powers under the Family Law Act (most Local Courts) if both parents agree to its removal.

Presumably you ex took out the order? In which case its removal would be disputed? and definitely referred to the FMC.

 
Agreed, except that if overseas relocation was raised as an issue (which presumably it would be if the removal from airport watch list application was disputed), it would be dealt with by the FCA/FCWA rather than the FMC, as they don't have jurisdiction in such issues.
faith said
As for the airport watch list, I know this quite well that the only way that can be removed is with a court order. Passports are another issue but airport watchlist the name is their till the children are 18 or a court orders the removal.

They are effective.

We had a case where the Father had an Airport watch order.

Both parties agreed in a local Court to its removal.  

Some months later the Mother attempted to take the child out of the Country and was stopped. The Court had not send the documents onto the AFP and the Mother did not have a copy nor had she checked the 'watch' had actually been removed.

The matter might have been resolved at the Airport however there were dummy spits and tantrums thrown at Passport Control which prevented them getting an understanding of the matter and contacting the Court before it closed.

End result was 'go back home'.

Executive Member of SRL-Resources, the Family Law People on this site (look for the Avatars) Be mindful what you post in public areas. 
starlight said
Agreed, except that if overseas relocation was raised as an issue (which presumably it would be if the removal from airport watch list application was disputed), it would be dealt with by the FCA/FCWA rather than the FMC, as they don't have jurisdiction in such issues.

INCORRECT

The FMC has jurisdiction

"The judicial power of the Commonwealth of Australia is, by s.71 of the Constitution vested in, A Federal Supreme Court, to be called the High Court of Australia, and in such other federal courts as the Parliament creates .  The High Court of Australia is the ultimate appellate court for the Commonwealth of Australia.  The intermediate appellate court dealing with family law matters is the Full Court of the Family Court of Australia. The Full Court hears appeals from the two Family Law Courts of first instance  the Family Court of Australia and the Federal Magistrates Court of Australia.  The majority of first instance decisions in family law matters in Australia are heard in trials conducted in the Federal Magistrates Court of Australia. This includes international relocation cases".

This is Professor Parkinson on relocation.  Please note the reference on page 2 to an FM not allowing a relocation to China.

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Executive Member of SRL-Resources, the Family Law People on this site (look for the Avatars) Be mindful what you post in public areas. 
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