How does the Court determine which parent the child shall live with? What if the child does not want to live with my spouse/partner but the Court says that they should?

How does the court determine which parent the child shall live with?

The paramount consideration of the Court in determining any parenting matters, is what is in the “best interests of the child.” There are sixteen (16) factors that may be considered by the Court under section 60CC(3)(a) of the Family Law Act 1975, in determining what is in the best interests of the child. Click here for a full list of the factors considered.

What if the child does not want to live with one parent, but the Court says that they should?

Again, the Court will make a decision on parenting arrangements that are in the best interests of the child. However, included in one of those sixteen (16) factors explained above, the Court will take into consideration any views expressed by the child and any factors (such as the child’s maturity or level of understanding) that the Court thinks are relevant to the weight it should give to the child’s views. For example, the Court is more likely to give weight and adhere to the preferences of a child aged fifteen (15), as their level of understanding is substantial compared to that of a child aged six (6).