One of the more common enquiries received at Coastal Lawyers is about children’s views.
Parents often want to know, how children’s views taken into account in a family law matter and another common question is how old does a child have to be before their views are taken into account?
We explore the views of the children in family law matters below.
Best Interests of the Child is always the starting point.
In a family law matter concerning children the paramount consideration of the Court is the best interests of the child.[1]
In determining this, s 60CC(2) of the Family Law Act 1975 (Cth)[2] requires the Court to consider two things:
1. The benefit to the child of having a meaningful relationship with both of the child’s parents[3] and
2. The need to protect the child from physical or psychological harm from being subjected to, or exposed to abuse, neglect or family violence.[4]
Section 60CC of the Family Law Act 1975 (Cth)[5] provides for many additional considerations, a small example of these are:
Any views expressed by the child and any other factors such as the child’s level of maturity and understanding;[6]
The nature of the relationship that the child has with each of their parents and the extended family;[7] and
The maturity, sex, lifestyle and background of the child.[8]
How old does a child have to be before the court will consider their wishes?
Well there is no set age.
The extent to which they are taken into consideration will depend on the child’s age, level of maturity and level of understanding.
The views of older children are likely to be given more weight than those of the younger children. This is because often with children this age they have a better level of understanding and maturing and can clearly express their views.
Children’s Evidence: Do children give evidence in family law matters?
As a general rule, Children are not called to give evidence in these proceedings,[13].
However, in the rare case where a child is required to give evidence they do so as a vulnerable witness via an Audio-Visual Link (AVL) from another room in the courthouse and are kept out of the courtroom if possible.[21]
How is children’s views obtained if they don’t generally give evidence?
Because there is an exception to the rule against hearsay as stated in s 69ZV of the Family Law Act 1975 (Cth).[20] there are a number of ways that a child’s views or wishes are expressed to the court including:
Through a Family Consultant at a Child Inclusive Conference (CIC). The Family Consultant will then record this in writing and relay it to the court.[14]
The Court may appoint an expert such as a psychologist or psychiatrist who will record the children’s views and relay them to the court.[15]
An Independent Children’s Lawyer (ICL) may be appointed by the court[16] to represent the child’s best interests including conveying their wishes to the court.[17]
A Family Report, s 62G(2) of the Family Law Act 1975 (Cth)[18]
Section 60CD of the Family Law Act 1975 (Cth) states that the Court must consider any view expressed by the child when making its decision.[19]
The Court Orders
The Court will not make orders that in its opinion, are not in the child’s best interest, even if they are the express wishes of the child.[22]
Any wishes of the child that the Court sees as a departure from what is in the children’s best interests will be disregarded.[23]
In this case although the child was 16 years of age the Court did not make orders according to the views expressed by the child via the Court appointed expert. In this case the High Court decided that the views of the child are only one factor to be considered when deciding what is in their best interests.
Here are our top 6 frequently asked questions (FAQs) at Coastal Lawyers. Well the first is ‘where do you find all our memes?” but that’s another post. 😉 ⠀ But the ones related to the work we do as lawyers are by far the following:
What areas of law do you do? ⠀
We represent clients in all aspects of criminal law, traffic law and family law. ⠀
Do you do Legal Aid work?
Yes. We are all on legal aid criminal law panels and also on the family law panel so we can represent eligible Legal Aid clients. ⠀
⠀ Do you offer a free appointment? ⠀
Yes. we offer a free 15-minute discovery call. Confirm how we can help and give you an idea of our fees.
Yes. We offer fixed fees for all criminal law matters. We also offer valued pricing in family law matters.
Where are you located and what courts do you attend? ⠀
We have offices in Gosford but embrace technology and do most of our calls over zoom and telephone. We attend all Central Coast courts including Wyong, Gosford, Belmont, Toronto and Newcastle. ⠀ ⠀ Talking to a lawyer about a criminal law or family law matter doesn’t have to be scary. We offer a completely confidential and judgment-free zone. So book in a chat with a lawyer today⠀ ⠀
If you haven’t already heard of them, Relationships Australia is a community-based, not-for-profit Australian organisation with no religious ties. They focus on relationship support services for individuals, families and communities.
How can they help you ask?
Well, they have some great info on:
What things need to be sorted out during a separation;
What services are available for you to be able to access free information or advice; and
What personal changes occur as a result of separation, including normal emotions and reactions.
They also offer a range of free services that you can access, including:
Family Dispute Resolution services (which is now required for separated couples who aren’t able to agree on issues relative of child contact);
Counselling services; and
Children’s Contact Service.
DO YOU NEED HELP WITH A FAMILY LAW MATTER?
Coastal Lawyers are experienced family lawyers, criminal lawyers and traffic lawyers located on the Central Coast.
Coastal Lawyers offer representation in all Family Court’s and Federal Circuit Courts. Including divorce, parenting, property, child support and maintenance.
DISCLAIMER (BECAUSE WOULD WE EVEN BE LAWYERS WITHOUT ONE):
The information contained in this legal resource is information only. It is not a substitute for your own research and/or legal advice. If you need legal advice, then you can book an obligation-free appointment with Coastal Lawyers online.
The very recent High Court case of Clayton v Bant [2020] HCA 44 has confirmed that Australian Courts have the powerto hear a claim in certain circumstances where there has been a foreign divorce.
This big development has changed the landscape of family law in Australia.
Why you ask?
Well, the law has this tricky rule which stops a court from hearing a matter which has already been dealt with by a court (not including appeals).
The decision in Clayton v Bant is an exception to this tricky rule.
What happened in the case?
A husband and wife had formally divorced in Dubai, but that divorce did not separate the properties they owned in Australia.
Here, the wife was Australian and the husband was from Dubai. During their relationship, they lived partly in Dubai,and partly in Australia. They had one child together. Thecouple owned properties in Dubai, Australia and several other countries too.
In 2013, the husband and wife separated and the wife and child remained living in Australia.
The parties were formally divorced under the law of the United Arab Emirates (UAE) in Dubai, as initiated by the husband. The divorce proceedings there however did not address the division of property issue.
The wife commenced legal proceedings in Australia seeking to divide the properties that the husband and wife owned in Australia.
The Court confirmed that they as an Australian Court had the ability to hear the matter, even though the matter had technically been already heard in Dubai (aka the ‘tricky rule’), because the Dubai Court didn’t have the power to make decisions in relation to the relevant Australian Law requiredto divide the Australian property.
DO YOU NEED HELP?
Coastal Lawyers are central coast family lawyers. We offer representation in all areas of family law including divorce, separation, parenting property and maintenance.
DISCLAIMER (BECAUSE WOULD WE EVEN BE LAWYERS WITHOUT ONE):
The information contained in this legal resource is information only. It is not a substitute for your own research and/or legal advice. If you need legal advice, then you can book an obligation free appointment with Coastal Lawyers online.
When it comes to family law disputes, many people come to mediation after months of lawyer assisted negotiations or discussions between themselves. By then, they’re often firmly attached to their legal “rights” and positions. While knowing your rights and understanding the strengths and weaknesses of your case is absolutely essential, mediation requires a different mindset. Instead of focusing on winning or losing, mediation works best when both parties are willing to move from their starting […]
For separated or divorced parents, creating a parenting plan is a great way to establish clear, agreed-upon arrangements for raising your children. A parenting plan covers everything from living arrangements and visitation schedules to decision-making responsibilities, making co-parenting smoother and less stressful. But how do you get started? At Coastal Lawyers, we guide parents through this process with clarity and care. Mediation: The Key to a Parenting Plan Most parenting plans are developed through mediation, […]
At Coastal Lawyers, we represent clients at all Central Coast and Newcastle Local Courts, including Gosford Local Court and Wyong Local Court. With years of experience in these courts, appearing before them has become second nature to us. However, for those unfamiliar with the court process, it can be an overwhelming and stressful experience. In this week’s blog, we provide a simple rundown on the Local Court of NSW, helping you understand how it operates […]
At Coastal Lawyers, we understand that separation is one of the most challenging transitions a person can face. That’s why we’ve created this practical, trauma-informed checklist to guide you through the early steps. Our team is here to provide legal advice and emotional support to help you feel confident and empowered during this time. 1. Secure Your Finances 2. Organize Important Documents Asset Records: Gather financial records, including loan statements, bank account details, and property […]
The new year is the perfect time to set all sorts of goals including financial goals.
So if you have recently separated or are just looking for a way to watch your spending or save for that special occasion (maybe we can all travel again soon), then we are absolutely loving and highly recommend the Money Brilliant App.
What it is and how much does it cost?
The Money Brilliant App is a central money tracking system that can connect with around 500 financial institutions to help you genuinely keep track of where you are financially, at a glance.
You can download the app from either iTunes or Google Play.
Their “Plus Monthly Plan” is $9.90 per month which gives you full access to all app features However their basic plan is free.
Know your net worth
You don’t have to be on Forbes to have a net worth. In fact many Australians don’t realise until they reach retirement that they simply didn’t have as much financial security as they had hoped.
In the Money Brilliant app, you can view all of your assets and debts at a glance. Including all of your bank accounts, your super, investments, properties, vehicles, savings, credit cards and loans.
Safe spending
It’s often hard to work out just how much you can spend without cutting yourself short.
A really great feature of Money Brilliant is Safe Spending, which tells you just how much you can safely spend today to meet all your commitments for the rest of the month.
Set financial goals
Money Brilliant has a range of features to help you meet and tackle your financial goals, whether that be savings, property purchases or retirement planning.
Sort my affairs
An interesting upcoming feature of the App is a reminder system to update your will when things change for your personally or financially.
Coastal Lawyers are central coast family lawyers. We offer representation in all areas of family law including divorce, separation, parenting property and maintenance.
DISCLAIMER (BECAUSE WOULD WE EVEN BE LAWYERS WITHOUT ONE):
The information contained in this legal resource is information only. It is not a substitute for your own research and/or legal advice. If you need legal advice, then you can book an obligation free appointment with Coastal Lawyers online.
