What age can my child decide which parent they live with or spend time with?

There is no specific age at which a child can decide who they live with or whether they choose to exercise contact to the other parent.  Children are minors until they reach 18 years of age. 

A child can express a view generally in the context of a family report writer’s meeting with them about who they want to live with and whether they wish to spend time with the parent. However, any decision regarding children's living arrangements must be made in the best interests of the child.

If you require expert advice regarding parenting matters, please contact our family law department on 03 9614 7111.

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What should you do to stop a child you have parental responsibility for from leaving Australia?

Make an application to the Family Court seeking an order that your child be prevented from leaving Australia and that they be placed on the Airport Watch List.

What do you need to do to prevent a child’s passport being issued?

1. Seek a Court Order stopping a passport being issued for your child; or
2. Lodge a “Child Alert Request” at the Australian Passport Office (alerts do not prevent a child leaving Australia on a valid Australian Passport or on a foreign passport or a passport issued by another country.)
   Applications for international travel or preventing children leaving Australia require applications and affidavits in support of such applications. 
   Please contact our Family Law Team on 03 9614 7111 if you require further assistance.

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