+ Reply to Thread
Results 1 to 5 of 5
  1. #1
    Join Date
    Oct 2007
    Location
    Blackwater qld
    Posts
    5,357
    Thanks
    512
    Thanked
    145
    Reviews
    0
    Achievements:Topaz Star - 500 postsAmber Star - 2,000 postsAmethyst Star - 5,000 posts

    Default At what age can they decide?

    At what age can a child from a split home decide that the no longer wish to spend time with the other parent?

    DD is only 6 (but about 4 developmentally due to autism and other issues) and already is refusing to speak to her BF on the phone.
    She spends a week with BF 4 times a yr plus a bit extra over xmas (1/2 of all school holidays) and hates going.

    At what age do the court recognise the childs wishes?

  2. #2
    Join Date
    Mar 2012
    Location
    Mackay
    Posts
    1,346
    Thanks
    620
    Thanked
    455
    Reviews
    5
    Achievements:Topaz Star - 500 posts
    Do you have court orders or just a parenting plan through mediation?

    I dont think there is a set age is there? When in mediation with my partner it was just discussed that there might come a time when our DS might want to spend more and more time with his father being that he is a boy but there was no mention on age.

    Maybe call Legal Aid..?

  3. #3
    Join Date
    Oct 2007
    Location
    Blackwater qld
    Posts
    5,357
    Thanks
    512
    Thanked
    145
    Reviews
    0
    Achievements:Topaz Star - 500 postsAmber Star - 2,000 postsAmethyst Star - 5,000 posts
    Yeah we have orders, and im happy to stick with them as i feel FOB deserves to see his child, but theres not much i can do about the phone calls. I cant MAKE dd speak.
    I dont want to stop DD going to FOB's, but im sure there will come a time that DD flat refuses (im hoping 5-6yrs down the road at least lol) and i wont be able to force her.

    I want DD to have a relationship with her father (even though i think he's a full blown ****) as every child deserves it. Its just so hard when the child seems to not want that

  4. #4
    Join Date
    Nov 2011
    Posts
    403
    Thanks
    105
    Thanked
    167
    Reviews
    0
    Sorry to hijack the section but I was told when I turned 16 was when I could choose unless a court seems early before 16 it's whatever the courts say or the legal documents

  5. #5
    Join Date
    Oct 2007
    Posts
    1,779
    Thanks
    327
    Thanked
    940
    Reviews
    0
    Achievements:Topaz Star - 500 posts
    Generally the court will start to take a child's wishes into consideration from age 10 and the weight given to those wishes will increase as the child gets older.

    generally from age 13/14 the court will go with a child's wishes provided what that child wants is in their best interests eg a teenager may want to live with a parent who lets them drink alcohol but obviously this would not be in the child's best interests so that wish would be denied. Even if the court goes with a child's wish not to have to spend time with a parent it will still try and encourage this to happen and would probably make an order such as ' the child will spend time with the father as the child wishes'

    The maturity of the child comes into play as does the history between the child and both parents, but the guide above can be relied on in most cases.

    By age 16 the court would not go against a child's wishes, taking best interests into consideration of course, as it knows that there is no point, the child can just run away or ignore orders.

  6. The Following User Says Thank You to MsTruth For This Useful Post:

    LivinOnAPrayer  (02-08-2012)


 

Similar Threads

  1. Can't decide!!!
    By Salgan in forum Choosing Baby Names
    Replies: 21
    Last Post: 04-07-2012, 09:03
  2. Help me decide!!
    By Bubbygirl in forum Movies / Music / Books / TV Chat
    Replies: 9
    Last Post: 10-02-2012, 22:30

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
free weekly newsletters | sign up now!
who are these people who write great posts? meet our hubbub authors!
Learn how you can contribute to the hubbub!

reviews
learn how you can become a reviewer!

competitions

forum - chatting now
sales & new stuffsee all
Be In Blossom
Keen to up the intensity of your exercise after having your baby but unsure how? New physio-led Bootcamp Workshops aim to bridge the gap between low and high intensity training, teaching ways to reduce pelvic floor load in gym and bootcamp settings.
featured supporter
Swim Australia
Swim Australia are the leading learn-to-swim experts, and national swim school authority. With over 600 Registered Swim Schools located across the country, through our aquatic education, we aim to build a Safer, Smarter, Stronger nation of swimmers.
gotcha
X

Pregnant for the first-time?

Not sure where to start? We can help!

Our Insider Programs for pregnancy first-timers will lead you step-by-step through the 14 Pregnancy Must Dos!