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?
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02-08-2012 10:58 #1
At what age can they decide?
02-08-2012 11:06 #2
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..?
02-08-2012 11:11 #3
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
02-08-2012 12:18 #4Senior Member
- Join Date
- Nov 2011
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
02-08-2012 12:39 #5Senior Member
- Join Date
- Oct 2007
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.
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