How Are Child Views in Court Taken Into Account?
Separated parents often want to know when and how the views of their child can be considered by a Court.
How Does the Court Determine Parenting Matters?
The Family Law Act 1975 sets out what the Court must consider when making decisions about children. The best interests of the child is the paramount consideration, but how does the Court work out what is in a child’s “best interests” and how are any views expressed by a child considered?
The Court must consider a list of factors including:
- Arrangements that would promote the safety of a child
- Any views expressed by a child
- The developmental, psychological, emotional and cultural needs of the child
- The capacity of each parent or caregiver to provide for those needs
- The benefit of a child having a relationship with their parents and other significant people
- Any other relevant matters that relate to a particular child
- The history of any family violence and any family violence orders
This means that the views of a child is one of several factors that the Court must consider.
In some cases, an Independent Children’s Lawyer (ICL) is appointed to represent the interests of the child. An ICL will meet with the child, read all material and gather evidence. A child’s views may be communicated by an ICL to the Court but ultimately the ICL will propose what arrangements they consider to be in the child’s best interests.
A child’s views may also be communicated by a Family Report prepared by a Child Consultant. This is an independent reporting process where the child and the parents meet with a Family Consultant who prepares a report for the Court. This report can include any expressed views of a child. These reports can be in a short form (which are often ordered in the early stages of Court proceedings) or longer Family Reports (which are prepared towards the later stage of Court proceedings).
How are the Views of a Child Considered?
There is no set age when a child can decide their living arrangements. A Court will determine a child’s best interests, and any views of a child is one of the factors to be considered.
A Court will look at a child’s age, maturity and stage of development when determining how much weight to attach their views. Generally, the views of teenagers are more heavily weighted than younger children.
Children’s views are very important but are not the only factor a Court will consider and ultimately the Court must carefully consider a range of factors to make decisions that promote the best interests and safety of children.
If you need to seek advice regarding a parenting dispute please contact Rafton Family Lawyers for specialist family law advice on reception@rafton.com.au