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When can my children decide where to live?

The Family Law Act 1975 does not specify when a child can make a decision on where to live. In Australia a child is legally a minor until they reach the age of 18 years. Therefore, there is no specific age when a child can decide where to live until they reach a mature level.

However, it is not unusual for a child to express strong views regarding where they prefer to live and who they prefer to live with. In circumstances such as these the Court must take certain factors into consideration, including:

  • The maturity of the child;
  • Best interests of the child;
  • Financial responsibility for child;
  • Views independently expressed by the child; and
  • Other special circumstances.

The Court may obtain this information through a report by a family consultant or from an Independent Children’s Lawyer.  

Contact us today to discuss the care arrangements for your children.

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