What age can a child decide not to see a parent in Australia?

In Australia, there is no specific age at which a child can legally decide not to see one of their parents following a divorce or separation.

There are a range of factors currently set out in the Family Law Act 1975 (Cth), which the court considers in determining what care arrangements would be in a child’s best interest. One such factor is any views expressed by the child and any factors (such as the child’s maturity or level of understanding) that the court thinks are relevant to the weight it should give to the child’s views.

On 6 May 2024 the current law will change with provisions of the Family Law Amendment Act 2023, coming into effect. A significant amendment to the current law is the factors the court will consider when determining what is in a child’s best interests.

The Family Law Amendment Act 2023 will amend the current Act and the court will be required to consider the following factors when determining the parenting arrangements that are in the best interests of the child:

1. What arrangements would promote the safety (including safety from family violence, abuse, neglect, or other harm) of the child; and each person who has care of the child (whether or not a person has parental responsibility for the child).
2. Any views expressed by the child. 
3. The developmental, psychological, emotional, and cultural needs of the child.
4. The capacity of each person who has or is proposed to have parental responsibility for the child to provide for the child’s developmental, psychological, emotional, and cultural needs.
5. The benefit to the child of being able to have a relationship with the child’s parents and other people who are significant to the child, where it is safe to do so.
6. Anything else that is relevant to the particular circumstances of the child.

The Act does not specify an age when a child can make their own decisions about parenting arrangements. However, any views expressed by the child will be considered when determining what arrangements are in the best interests of the child. This is only one of the factors that is to be considered by the court and a child’s view is not determinative.

The court will also no longer be required to consider the benefit to the child of having a meaningful relationship with both of the child’s parents, rather the court will consider the benefit to the child of being able to have a relationship with the child’s parents and other people who are significant to the child, where it is safe to do so.

As children get older, they tend to be increasingly vocal as to whom they want to live with or spend time with, but this does not equate to an absolute right to decide the arrangements. Even in cases where a child expresses a strong preference not to see one parent, the court will still consider other factors in determining what arrangements are in the child’s best interests.

When parties cannot agree and court proceedings are commenced in the Federal Circuit and Family Court of Australia, an Independent Children’s Lawyer may be appointed for the child. The amendments to the Family Law Act, will require Independent Children Lawyers to meet the child and give the child an opportunity to express a view unless an exception applies.

In the course of court proceedings, the parties may also be ordered to obtain a Family Report. This is a report prepared by a family consultant (a psychologist or social worker who has specialist knowledge in child and family issues after separation and divorce). The family consultant will consider the children’s experiences and development as well as the particular family circumstances and other issues that may be relevant. The family consultant can conduct interviews with family members and the children. The family consultant will make recommendations for arrangements that they consider will be in the best interests of the child. These reports are not determinative, and the recommendations made in the report may be different to the orders the court ultimately makes for the child. 

It is important for parents to seek legal advice if they are navigating complex issues related to parenting arrangements and the consideration of a child's views. Need help? Reach out to our experienced and caring family lawyers who can provide the direction you need for your circumstances.