A child can legally refuse to see a parent without court-ordered enforcement once they turn 18, marry, or enter a de facto relationship. For children under 18, there is no specific age where they gain an absolute legal right to refuse, though their views often significantly impact how parenting arrangements are managed.
The age of 18
Under section 65H, a parenting order must not be made in relation to a child who is 18 or over, and any existing orders stop being in force when the child reaches this age. Practically, this means the court loses its jurisdiction to compel a child to spend time with a parent once they reach adulthood.
Marriage and de facto relationships
Section 65H also provides that parenting orders do not apply if a child marries or enters into a de facto relationship. In practice, these life events act as a legal trigger that terminates the court’s ability to enforce spending time with a parent, regardless of whether the child is under 18.
Consultation for children under 18
For children who are not yet 18, section 61CA encourages parents to consult each other on major long-term issues, with the best interests of the child as the paramount consideration. This means that while a child cannot unilaterally void a court order, parents are encouraged to collaborate on arrangements that reflect the child’s needs and wishes.
The enforcement gap
A significant difficulty arises when a court orders spending time with a parent, but a teenager physically refuses to comply. There is a practical limit to how far the law can go to force a resisting adolescent to move, and courts often struggle to resolve the tension between a legal order and a child’s flat refusal.
Questions to consider
- How has the child’s reluctance evolved, and does it stem from a specific conflict or a general desire for independence?
- If the child is nearing 18, would a mediated agreement be more sustainable than attempting to enforce a strict court order?
- In what ways can the current parenting arrangements be adjusted to better align with the child’s best interests under section 61CA?
This information is general in nature and does not constitute legal
advice. For advice specific to your situation, contact JB Solicitors.