A child can legally decide where to live once they turn 18, marry, or enter into a de facto relationship. For children under 18, there is no specific age where they gain a unilateral legal right to choose, as the law prioritizes the best interests of the child.
Turning 18 or entering a relationship
Under section 65H, a parenting order cannot be made for a child who is 18 or over, is married, or is in a de facto relationship. Any existing parenting order automatically stops being in force once a child reaches this milestone. In practice, this means the young adult has full legal autonomy to determine their own living arrangements.
Children under 18
For children who are not yet 18, section 61CA encourages parents to consult one another regarding major long-term issues. The paramount consideration in these consultations must be the best interests of the child, provided it is safe for the parents to communicate.
Impact of overseas residence
Complexity arises if a child’s habitual residence changes to another country, as the exercise of parental responsibility is then governed by the law of that new country under section 288. This can create conflicting expectations between Australian orders and the laws of the new jurisdiction.
The enforcement gap
A significant practical difficulty occurs when a teenager strongly resists a parenting order before they reach the age of 18. While section 65H provides a clear legal endpoint, the law offers little immediate resolution for parents when a child’s wishes directly conflict with court-ordered parenting arrangements in the years leading up to adulthood.
Questions to consider
- How do the child’s current preferences align with what the law defines as their best interests?
- Are there any registered overseas orders that may conflict with the child’s desire to change residence?
- Is it safe and practical to consult with the other parent regarding the child’s long-term living arrangements?
This information is general in nature and does not constitute legal
advice. For advice specific to your situation, contact JB Solicitors.