What happens when parents separate and children feel strongly about wanting to spend most of their time with mum or dad?
Well, it depends. Courts will make orders in the best interests of children and implores upon parents to try and make those decisions themselves.
When considering a child’s best interests, a court will consider various factors including the benefit of a child having a meaningful relationship with both parents, and the need to protect them from harm. Additional to those considerations are factors such as the child’s views, including their maturity and understanding.
Some children have a great deal of understanding, while others have less mature ways of approaching things.
A 12-year-old may prefer to spend most of their time at a parent’s place because they do not have a routine, homework is not enforced and they can eat whatever they choose.
This would not be a view that a court would consider persuasive to determining their best interest.
However, where a child prefers to spend more time with a parent based upon a feeling of safety and security, they are given the time and space to undertake homework, or have a strong desire to be removed, it would be more compelling to follow the views of a child.
Angela Tondelstrand, Director, Accredited Family Law Specialist, Catton & Tondelstrand Lawyers, Kon-Tiki Business Centre Tower 1, Level 3, Suite 315, 55 Plaza Parade, Maroochydore, 5609 4933, ctlawyers.com.au.
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