This is a question that many family lawyers encounter, and it’s important to clarify how the law addresses this issue. The short answer is that children cannot unilaterally decide where they will live once they turn 12. Instead, decisions about a child’s living arrangements are determined by the exercise of parental responsibility and, if necessary, by the court.
In family law, parental responsibility encompasses making important decisions about a child’s upbringing, including where they live. When parents are unable to agree on these matters, it is ultimately up to the court to make a decision in the best interest of the child. While the court does consider the child’s wishes and preferences, these are only one factor among many that the court will take into account. The child’s wishes do not automatically override other considerations.
The law recognizes that children and teenagers may have strong opinions about where they want to live, but it also acknowledges that these decisions are complex and involve multiple factors. The child’s emotional well-being, stability, and overall best interests are the primary concerns in these cases. Courts aim to ensure that the child’s needs are met, which includes considering the suitability of each parent’s home environment, the child’s relationship with each parent, and other relevant factors.
Parents are generally encouraged not to place undue pressure on their children by giving them too much say in long-term decisions like their living arrangements. The goal is to allow children to enjoy their childhood without being burdened by adult concerns. Decisions about where a child lives should ideally be made by the parents or, if necessary, by the court, taking into account the child’s wishes among other important factors.
If your children are expressing strong wishes about their living arrangements and you need advice about what to do about them, contact us at Freedom Family Law for a free consultation to discuss your options on 07 5409 8000 or book online.