Parenting Disputes involving Teenagers

If you and your former partner are involved in a parenting dispute that involves teenagers, the common question is – are the kids’ views considered?

The short answer is yes, particularly as they get older.

There is no specific age at which a child can legally decide for themselves where they want to live, or how much time they want to spend with a parent. As a general guide, courts will give more weight to the opinion of a child aged 12 or older, and even more so once they reach the age of 16 or older.

The court will consider:

• The age and maturity of the child
• The child’s expressed wishes
• Whether the child’s views appear to be genuinely held
• The influence (if any) of coaching or pressure
• The emotional and psychological impact of changing or maintaining existing arrangements

There are a few ways in which child’s views may be considered during family law proceedings, including:

• Family report: This is prepared by a psychologist or social worker, and includes interviews with the child and both parents
• Independent Children’s Lawyer (ICL): Appointed in more complex matters, the ICL represents the child’s best interests and may speak directly with the child or gather professional opinions on their views
• Mediation: In some cases, a specially trained child consultant will meet with the child and share their perspectives in a mediation setting

If there are court-ordered arrangements in place, the court expects you as a parent to take “genuine and reasonable steps” to encourage your child to comply.

An example of reasonable steps might include avoiding talking negatively about the other parent, offering emotional support to your teenager, seeking professional counselling, and ensuring logistical arrangements like transport are available.

However, courts also recognise that physically forcing a child, especially a teenager, is difficult, and often not safe or appropriate.

If your teenager is refusing to comply with court orders, parents should speak with a family lawyer and explore mediation, as continued refusal to facilitate a relationship can lead to serious legal consequences.

The family law experts at Michael Lynch Family Lawyers are here to help you navigate this difficult time. We have experience with every aspect of family law, including parenting arrangements.

To make an appointment with a member of our team, call our office on: (07) 3221 4300 or email: law@mlynch.com.au