Can Kids Decide Where They Live After Separation? How Children's Wishes Actually Count in Family Law

Can Kids Decide Where They Live After Separation? How Children's Wishes Actually Count in Family Law

🎧 Listen If…

  • Your child has said they don't want to go to the other parent's house

  • Your ex keeps saying "once they turn [a certain age] they can choose"

  • You're worried your child is being pressured, coached, or caught in the middle

  • You're hearing two completely different stories from your kids at handover

  • You're amicable and thinking of just "letting the kids decide" (please listen first)

  • You want to understand how children's views actually reach the court

General information only not legal advice. Always consult a qualified family lawyer about your situation.🛟 Discusses family violence & coercive control. In danger: 000. Support: 1800 RESPECT (1800 737 732), Lifeline 13 11 14.

About This Episode

Mum and I unpack what the Family Law Act actually how children's views really reach a judge (family reports, child impact reports, ICLs), and how kids' wishes play out across the four divorce personality types.

⏱️ Timeline

00:00 Can a Child Choose Which Parent to Live With?

02:00 Why the Family Court Won't Ask Kids to Choose

06:27 The Best Interests of the Child Test (Section 60CC)

09:06 What Age Can a Child Decide Where to Live?

11:34 How a Child's Wishes Are Actually Heard in Family Law

13:25 Child-Inclusive Mediation Explained

15:22 Therapy, Family Reports & Expert Evidence

19:48 How to Get a Family Report Outside of Court

22:35 How Family Violence Changes Parenting Decisions

27:22 2024 Family Law Reforms & Common Custody Myths

28:29 Can You Force a Teenager to Follow Parenting Orders?

31:58 The Reality of Enforcing Orders With Teens

33:03 How to Future-Proof Your Parenting Orders

34:03 Why Older Teens Have More Say in Where They Live

34:35 The Manipulative & Controlling Ex: Hidden Motives

36:42 How to Spot Coercion & Coaching Tactics

39:04 Love Bombing, Bribery & When the Mask Slips

41:54 High-Conflict Exes: Kids Caught in the Middle

45:20 The Avoidant Parent & Parentification

49:02 Amicable Co-Parents: Why You Still Shouldn't Let Kids Decide

51:07 Key Takeaways: Voice Heard, Not Decision Made

54:43 Closing Notes & Legal Disclaimer

🎧 Episodes Mentioned

  • Decoding the Child's Best Interests Referenced when discussing the full 60CC best-interests factors https://youtu.be/k4-QTbfW8XM?si=4ltIq0y0ceoMQWym

  • Child-Inclusive Mediation Referenced when discussing how children's views are gathered out of court. https://youtu.be/HrEU6dFc0Ko?si=xvSAyfnMJ9oEfXnN

  • Handover Hell – When Your Child Refuses to Go Referenced at the end for listeners dealing with handover-day resistance https://youtu.be/YphzOPZmC3k?si=Wf1RwzJMf-ix4N4K

Support & Resources

📞 1800 RESPECT 1800 737 732 | Lifeline 13 11 14 | Police 000

The Divorce Course → https://www.thedivorcecourse.com.au

If this helped, please follow, rate, review and share The Divorce Course Podcast so others can find it too.

All our best, Laura & Lyn – Your Guides By Your Side

Tämä jakso on lisätty Podme-palveluun avoimen RSS-syötteen kautta eikä se ole Podmen omaa tuotantoa. Siksi jakso saattaa sisältää mainontaa.

Jaksot(268)

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