Will the Court Take Your Child’s Views into Consideration When Making Parenting Orders?

In determining what is in the child’s best interests, the Court must consider several factors including any views expressed by the child.

The Court may obtain the views of your child/children by any one or more of the following means:

1. Ordering a Child Impact or Family Report. This process involves the parties and child being interviewed by a Court Child Expert. Depending on the child’s age, the child may be interviewed individually, without any potential influence of either party. The Court Child Expert will then prepare a Report to be provided to the Court that notes the views of the parties and the child. This Report also includes the Reports Writer’s recommendations as to parenting arrangements.
2. Appointing an Independent Children’s Lawyer to represent the child (“ICL”). An ICL is added as a third party to the Court proceedings and is an unbiased professional appointed to represent the best interests of the child. If the child is five (5) years of age or older, the ICL must meet with the child to obtain their views. The level of weight placed on the child’s views will depend on their age. If an ICL believes a child has been coerced into a certain belief or that the preference of the child is impractical or unsafe, they will advise the Court of this. An ICL will not simply reiterate what the child has instructed them to do. An ICL will use their professional knowledge of family law to make an unbiased recommendation to both the parties and the Court.
3. By other means that the Court thinks is appropriate. This may include obtaining orders to access documents from the child’s school, and/or medical or counselling records. In the event the records that have been obtained reflect a different view of the child to what has been reflected in interviews with the child, the ICL will need to consider which proposal they will advance to the Court.

Children are significantly affected by parental conflict and can easily mirror their parents’ actions and comments. It is extremely important to your parenting matter that you do not appear to be trying to coerce or influence your child’s views or opinions.

When determining what is in the best interest of a child, the Court must consider the child’s safety, their developmental, psychological, and emotional needs, the benefit of having a relationship with both parents, their right to enjoy Aboriginal culture (if relevant) and the views of the child.

The child’s views, whilst relevant to the Court, will not be the only factor that the Court considers when making parenting Orders. The Court will prioritise a child’s safety, if relevant, over their wishes.