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Can a Child Decide Who They Want to Live With?
One of the most common questions we hear in family law is: Can my child choose who they want to live with? While it’s natural for children to have preferences, especially as they grow older, the law in Australia doesn’t give them the final say. But that doesn’t mean their voice isn’t heard.

How Does the Court Consider a Child’s Views?

Under the Family Law Act 1975, the court must consider the child’s views as part of determining what’s in their best interests. However, this is just one of many factors the court takes into account.

The court doesn’t simply ask the child and go with their choice. Instead, it assesses:
  • The age and maturity of the child
  • How well the child can understand the situation
  • Whether the child’s views appear to be influenced by either parent
  • If the child’s preference aligns with their overall safety, wellbeing, and stability

Is There a Specific Age When a Child Can Decide?

There is no specific age in Australian law where a child gets to make the final decision. That being said, the older and more mature the child is, the more weight their opinion may carry.

For example:
  • A 16-year-old’s preference may carry significant weight, especially if they express a clear and well-reasoned view.
  • A 10-year-old’s views will still be considered, but not necessarily acted upon if the court believes it’s not in their best interest.

Each case is unique, and the child’s level of maturity, not just age, matters.

How Are a Child’s Views Heard?

Children usually don’t speak directly to the judge. Instead, their views are communicated through:
  • A Family Report prepared by a psychologist or social worker
  • An Independent Children’s Lawyer (ICL) who represents the child’s best interests in court
  • Expert reports or child-inclusive mediation

These professionals are trained to speak with children in a neutral, supportive environment and to provide the court with insight into the child’s wishes and emotional wellbeing.

Final Thoughts

While children don’t get to make the final decision about where they live, their views are taken seriously, especially when expressed maturely and consistently. The court’s main goal is always to make a decision that protects the child’s emotional and physical wellbeing.
For more family law advice like this, feel free to reach out to Genuine Legal for a consultation.
Call us on (07) 2102 0641 if you need our assistance.
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Children
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