Teenage visitation rights QLD?

[Happy2be3]

Hi, does anyone know what the law says about teenagers and visitations? My husbands daughter was taken to another state (parent abduction) many years ago and he has been flying to that other state several times a year to have visitation with her... She is practicality a teenager these days and we're wondering if she can go to the courts and say she doesn't want to see him anymore? (visits are strained... The mother is not supportive etc etc)

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[faroutbrusselsprout]

I'm not clear..? Does your husband want to stop contact with her..? Or does the daughter want to cease contact? There aren't any visitation "laws", as each case is individual.??

[Happy2be3]

Oh no, he wants to see her as much as possible... But given the mothers alienation attempts it wouldn't surprise us if as soon as she's able to that she ill get the daughter to go to courts and say she doesn't want to see him anymore

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[faroutbrusselsprout]

I'd be seeking legal advice ASAP and documenting everything.

[PomPoms]

Yes she (the mother) can go to the courts and say her child does not want to see him any more.

Depending on the age of the child to how much weight their requests are given.

Their opinion would usually by given to the court via a family report writer who would ask the child what they wanted. Both my children were asked and they are 7 and 4.

Get some legal advice as soon as you can and document everything!!

[MsTruth]

Generally the Family Court will start to take a child's wishes into consideration from age 10 and then from age 13-14 it will do what a child wants provided that what the child wants is in their best interests (eg a child may want to live with a parent who is a drug user because they are allowed to do whatever they want but obviously this would not be in the child's best interests).

The rationale behind the age is that if the Court tries to force a child of 14+ to do something it knows that it could backfire and the child could react by running away, getting into bad groups of friends, and that it would ruin parent/child future relations etc.

This is a general guide only as the maturity of the child will be taken into consideration as will any obvious coaching on behalf of either parents.