At what age can a child have a say in visitation?
The Family Law Act does not stipulate a specific age a child must be in order for their wishes to be taken into consideration. According to previously decided cases, the court will take a child’s wishes into account at about 12 years of age.
Can a child refuse to visit a parent?
You do have to physically take the child to the place of handover as ordered by the Court. It is not enough to simply take the child to handover. If the child says they do not want to go, you have a positive obligation to encourage the child to spend time with the other parent.
Can an 8 year old decide which parent to live with?
There is no ‘Magic Age’ There is no fixed age when a child can decide on where they should live in a parenting dispute. Instead their wishes are one of many factors a court will consider in reaching a decision.
Can I choose to live with my dad at 12?
In some states, the judge must determine whether permitting the child to state a preference is even in the child’s best interests. Usually by 12 years old a child can testify. As the child gets older, his or her wishes carry more weight.