A child cannot legally dictate their own living arrangements until they reach 18 years of age. Until that time, decisions regarding parenting arrangements are made by the parents or the court based on the child’s best interests.
When do parenting orders end?
Under section 65H, a parenting order cannot be made for a child who is 18 or over, or who has married or entered into a de facto relationship. Practically, this means that once a child reaches adulthood, they have the legal autonomy to choose where they live regardless of previous court orders.
Consulting on long-term issues
Section 61CA encourages parents to consult each other on major long-term issues regarding a child, provided it is safe to do so. This means that while a child’s views may be discussed, the legal framework focuses on the parents’ agreement and consultation.
The paramount consideration
When parents consult on long-term issues, section 61CA requires them to have regard to the best interests of the child as the paramount consideration. A child’s preference is a factor, but it does not override the requirement to ensure the arrangement is in the child’s best interests.
The maturity gap
The legislation does not specify a particular age at which a child’s preference becomes the deciding factor in parenting arrangements. This creates significant practical difficulty when a teenager strongly resists a court-ordered arrangement that the law still considers binding.
Questions to consider
- How do the child’s current wishes align with their overall best interests?
- Are there safety concerns that would prevent parents from consulting each other under section 61CA?
- How will a child’s resistance to a parenting arrangement impact the feasibility of existing orders?
This information is general in nature and does not constitute legal
advice. For advice specific to your situation, contact JB Solicitors.