What happens when parents separate, and non-adult children feel strongly about which parent they want to spend most of their time with? Well, it depends.
Courts will make Orders in the best interests of children and implore 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 that 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.
For example, 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 interests.
Where a child prefers to spend more time with a parent based upon a feeling of safety and security, they are provided with the time and space to undertake homework, or have a strong desire to be removed from conflict, it would be more compelling to follow the views of the child.
Angela Tondelstrand, Director and accredited family law specialist, Catton & Tondelstrand Lawyers, Kontiki Business Centre Tower 1, Level 3 Suite 315, 55 Plaza Parade, Maroochydore, 5609 4933, ctlawyers.com.au
This column is part of our Business 2 Business (B2B) series featuring industry leaders sharing their expertise. For more great articles, SUBSCRIBE to our FREE news feed, direct to your inbox daily. All you need to do is enter your name and email below.
