3 Comments Family & de facto law, financial agreements, consent orders
18 is the age.
There days a lot of weight is given to family reports - which must consider the child's wishes: if in the eyes of thr court both parties are "ok" parents, I've seen a lot of orders say "at times per agreed by the child" from teenage years.
If however say one parent allows child to leave school, wag, dismiss homework etc - then the best interests if child are overridden.
Personally (and my ex is a twat), by the time kids get to that age - I would be supporting their choices. Maybe some caveats (ie, grades don't fall). It's only a short while to they are adults and in some children it might be more detrimental to your relationship to force them where they don't want to be and might ruin the adult relationship.
Give them space and opportunity - especially if the other parent is a "good enough" (not perfect) parent. Kids might find grass is not greener on the other side and come home
No - at the age of 12 a magistrate will consider the expressed wishes of a child. Doesn't mean what the kids says goes....
But from that age on the child's wishes increasingly carry more influence. So for example a court is less likely to force a 17 yr old against their wishes.
So based on your scenario, I'd suggest that if you''ve tried talking to mum, tried mediation etc my advice would be to inform the other parent of your intention to withhold the child and IF they have a problem with it then they can apply to court.
But there are lots of other factors that you've not mentioned - for example IF there are other siblings, or the change in residence would also mean a change in schools. so it isn't just as simple as the age of the child...
My thoughts - spend a few hundred $$$ on a conversation with a solicitor before withholding the child.
My son will be 16 soon. He lives in a territory, and I live in a state. He may decide to move as he wants better education and he is getting a lot of problems with his mother. He lives with his brother, sister and half sister. At my home he lives with 2 half sisters. The major problem is if we went to court again in the territory because: there is only 1 family consultant. He is NOR a registered psychologist. he HAS exhibited grooming behaviour towards my daughter when she was 9, in provate telling my daughter that she soon would have a boyfriend. all this was just the two of them alone with no monitoring system. I reported this to the police without response. I pleaded to cross examine him but the magistrate refused. The other matter with the consultant is that he wrote in his official report there was a DVO on me, when there never has. I pleaded with the magistrate o cross examine him to get him tried for perjury but she refused. The magistrate ordered me to take it the the office in SA, to which I did and they responded that it is the sole responsibility of the magistrate and not them. Furthermore in this territory a lawyer slept with my ex wife, hence the breakup, and sent me a letter with his signed name on his business card threatening me. I took it to the law society who threw the case out claiming it was private and was not done as a lawyer, even though his name card with signature was attached to his letter ,and in that territory the law society deems it acceptable that a lawyer can sleep with their client. I requested the family consultant be removed from my case and another interview my children. The court refused. This territory is void of justice and due process, hence I cannot get fair trial in this territory. I would love to retrial in my state and get an unbiased fair hearing. Hence if my child who will be 16 wishes to live with me, I want fair process. i have come to know the system is the best interests of the magistrate.