By Anita Petrovic.
Parenting orders about time between a parent and their child is not dictated purely by the wishes of the child. However, the older your child becomes, the more likely it is as a matter of practicality that the children begin dictating what time they spend with each parent.
In determining parenting matters, the paramount consideration for the Court is the best interests of the child. A number of matters are examined by the Court in determining what orders are in a child’s best interests, including any views expressed by the child and any factors, including the child’s maturity level, that the Court considers relevant to the weight to be accorded to those views (Section 60CC(3)(a) Family Law Act 1975 (Cth)).
When a child is very young, their views are accorded little weight given their level of understanding of what is going on and the level of influence they could be subjected to by a parent or other significant adult in their lives. If a child is older, particularly as they become a teenager, their views are given more weight particularly if there is a strong position taken by the child in relation to one parent. There are many reasons for this, a key consideration being enforceability of Orders providing for a teenager to spend time or live with a parent with whom they do not wish to live or spend time.
Whilst Orders can be made dictating parenting arrangements, often times teenage children are testing boundaries and do not adhere to their parents’ directions about spending time with the other parent in accordance with Court Orders.
For teenage children, Orders may often end up reading that that child spend time with a parent “in accordance with their wishes” and, as such, their views/wishes are determinative of the time they spend between their parents.
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