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When can a child decide to live with the other parent in Australia?

Jackie's picture
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Hi All, I have my 10 year old SD living with us at the moment. She wants to live with her mother but her father won't allow her to at the moment.
Wondering at what age can her mother take us to court and them listen to what my SD wants? Which is to live with her mother.
A little history. Her mother wanted to leave town and took the case to court to get their approval, however they ruled the daughter was to stay in town. And her mother left anyway without her saying she needed to live by the sea.
So my SD doesn't see this as a problem and really wants to move away to live with her.
So just wondering at what age will the courts listen to what the child wants and let her go??
Many thanks in advance Smile

step off already's picture

It different in each state when a judge will take the child's opinion into consideration. I think a mother that chooses the sea over her child speaks volumes about the type of parent she is and how she sees her responsibilities.

Your DH could easily fight this. Right now SD just idealizes her mother.

Jackie's picture

Yep it is all about BM and it's agony listening to how much she wants to live with her when we do everything for her. She does sport, horse-riding, movies, bowling, private school. But if she went to live with her mother there would be none of this because she can't afford it. But ultimately she still wants to go live with her mother, which I understand.
It does speak volumes that she left her daughter to live somewhere else..... but fully expecting that her daughter would soon follow. Make it really hard for us so we give in and let her go.....
If I'd know what I was in for I would have run a mile.....
Sorry for the vent!!
Step off already I love your signature! It has tricked us all

stormabruin's picture

I read it the same way, but I think what she's asking is, in Australia, how old does a child have to be to go live with the other parent.

emotionaly beat up's picture

I have no idea but I imagine a phone call to the family law court would be a good place to start asking questions.