Parenting Order Dispute

If a child expresses a strong desire not to follow the current parenting orders, it is essential to approach the situation with sensitivity and understanding. It may be helpful to discuss the concerns with the co-parent to explore a mutually agreeable solution. If the co-parent is unresponsive, engaging a family dispute resolution service, such as mediation, could facilitate better communication. If the child's well-being is at risk, seeking professional advice from a child psychologist may be appropriate to understand the child's objections better. Ultimately, if these steps do not yield a resolution, consider consulting a solicitor for advice on how to address the situation legally within the framework of the Family Law Act, focusing on the child's best interests.

In Victoria, you can apply to the Family Court or Federal Circuit Court to modify a parenting order if there's a significant change in circumstances. A child's expressed wishes can be considered, particularly if they are mature enough to articulate their views. The court evaluates the child's best interests, considering factors such as the child's emotional and psychological well-being. To support your case, you may need to provide evidence of the child's distress or seek a Family Report from a family consultant. Consulting with a family lawyer can help assess whether the changes in the child's preferences and circumstances warrant a modification of the order.

In Victoria, there is no specific age at which a child's preference automatically becomes influential in modifying parenting orders. However, the Family Law Act considers the child's views, with more weight generally given as a child matures. Courts typically begin to seriously consider a child's wishes around the age of twelve, although younger children's views can still be influential depending on their maturity and understanding. Importantly, the child's best interests remain the paramount consideration in any decision.

If one parent is uncooperative in considering the child's wishes, you may seek a variation in the parenting order through the Family Court, especially if the current arrangement may not be in the child's best interests. It's important to first attempt to resolve the issue through family dispute resolution (FDR). Engaging in mediation can facilitate communication and may lead to a mutually agreeable solution. If mediation fails, you can apply for a change in the parenting order, citing the child's emotional distress and the other parent's unwillingness to consider their wishes.

To demonstrate that the current arrangement is not in the best interests of the child, you will need to provide evidence showing how the child's emotional well-being is affected by the current parenting order. This may include observations from professionals like a child psychologist who can attest to the child's distress. Additionally, documenting instances where the child has expressed sadness or reluctance can be useful as courts consider the child's best interests based on psychological, emotional, and physical well-being.