Divorce is an unsettling feeling for families, but unfortunately the children involved are the ones who suffer the most . It hardly matters how the couple thinks or feels about each other, the children they had together until this point are still in love with both their parents.
Children may experience multiple issues like a guilt-related issue, believing that the divorce was due to an act or statement they made. The pressure of having to decide the parent they want to share their life with can make things even more difficult since they’ll feel guilt about hurting those they do not choose.
In Australia, a child does not have the right to choose which parent he or she wants to stay with after the divorce procedure. They can express their wishes to their parents and, possibly, the judge. Children in Australia are not allowed to visit the court for the proceeding, thus they communicate their wishes through their family members, caregivers or lawyers.
Conveying the wishes of these children to the family court is the responsibility of these individuals. The family lawyers and the judges after careful analysis jot down their decisions, but it’s not mandatory that the wishes of the children would be granted.
The judge has to deliver a decision based on multiple factors governing the family law in Australia. Judges are wise enough to know, and aware that parents may manipulate their children in order to influence their decisions. This is why they’re not permitted to make a decision until they turn 18 and considered to be an adult.
If the child is of the age of 14 and up the judge could consider their desires more carefully in particular if they’re mature enough for their age and know what’s going on and how it can affect their lives. A child with the proper guidance of a family lawyer between the ages of 16-17 may very well get their wish granted by the judge, but the judge must ensure that the choice is based on where the child is most secure and best cared for.
It’s the duty of the family lawyer and the judge to ensure that the child is protected from any manipulation or retribution motives that a parent might try to use to make sure the child is with them. The judge also takes into consideration the parent who is most capable of the responsibility of caring for children. In the past, mothers were the primary caregiver in most cases, but today that might not be the situation based on whether violence or drugs are involved.
The final decision might be made in favour of anyone other than the parents. In the event of a crisis it could be that a foster parent or other family member will be assigned the task. In all instances, the judge will take into account various aspects of the case to ensure that the child gets the best treatment now and in the future.
While most people believe that children who are twelve years old are able to decide which parent they would like to be living with, this might not be the case in all family situations.
It is crucial to realise that there is no minimum age requirement that must be met.
The truth is that every situation is unique. There is no age limit specific in our law in place today. You can get guidance from your family lawyer
It is essential to recognize that when children grow older in the years of their lives, they’ll usually be capable of making their own decisions regarding the place they reside, regardless of what the court ordered parenting plans are.Counselling or appointments with a psychologist and guidance from family lawyers can frequently be helpful during this time to help with family dynamics and also to discover the inner feelings of children.