Children's views play an important role in Australian family court proceedings, but understanding when, how, and to what extent courts consider these views is crucial for parents navigating custody and parenting arrangements. This guide explains the legal framework and practical considerations around children's voices in family law matters.

Legal Framework

Family Law Act Requirements

Under Section 60CC of the Family Law Act 1975, courts must consider "the views expressed by the child and any factors (such as the child's maturity or level of understanding) that the court thinks are relevant to the weight it should give to the child's views."

Key Principles

Important: Courts don't simply follow children's wishes. They consider views alongside all other factors to determine what arrangements truly serve the child's best interests.

When Children's Views Are Considered

Age and Maturity Guidelines

Age Range Typical Consideration Weight Given
Under 7 years Views rarely sought directly Minimal weight
7-10 years Views may be considered through professionals Limited weight
11-14 years Views usually considered Moderate weight
15-17 years Views strongly considered Significant weight

Factors Affecting Weight Given to Views

How Children's Views Are Obtained

Family Consultants

Most commonly, children's views are obtained through family consultants who:

Independent Children's Lawyers (ICL)

In complex cases, courts may appoint an ICL who:

Direct Communication with Judge

Rarely, older children may speak directly with a judge:

What Courts Look For

Genuine vs. Influenced Views

Signs of Genuine Views

Signs of Influenced Views

Reasons Children Give

Courts pay attention to the reasons behind children's preferences:

Key Point: Courts are more likely to give weight to views based on the child's genuine experiences and feelings rather than abstract preferences or reasons that seem coached.

Common Scenarios

Child Wants to Live with One Parent

When a child expresses a strong preference to live with one parent:

Child Refuses Contact with a Parent

When a child refuses to spend time with a parent:

Conflicting Views Between Siblings

When siblings have different preferences:

Limitations and Protections

What Courts Won't Do

Protecting Children

Impact on Parenting Arrangements

When Views Support Arrangements

Children's views may strengthen a case when they:

When Views Don't Determine Outcomes

Courts may not follow children's views when:

Practical Advice for Parents

Supporting Your Children

What Not to Do

Building Strong Relationships

Remember: The best way to influence your children's views is to be a loving, consistent, and supportive parent. Genuine relationships speak louder than any words in court proceedings.

When Views Change

Evolving Preferences

Children's views may change due to:

Responding to Changes

Professional Support

When to Seek Help

Available Services

Conclusion

Children's views are an important but not determinative factor in family court proceedings. Courts carefully balance children's expressed preferences with their assessed best interests, considering factors like age, maturity, and the genuineness of their views.

As a parent, your role is to support your children through this difficult time without pressuring them or putting them in the middle of adult conflicts. Focus on building strong, genuine relationships with your children based on love, consistency, and respect.

Remember that children's views may evolve as they grow and circumstances change. Stay flexible, communicate openly (when age-appropriate), and always prioritize your children's wellbeing over your own preferences for specific arrangements.