Children under 18 cannot legally refuse to see a parent following divorce or separation. Children under 18 will be bound to the co-parenting arrangements made by their parents, set out in Consent Orders, and endorsed by the courts.
If a child doesn't want to live with a parent, it might be a safety issue. If your child is old enough, ask what is happening there that makes him or her not want to go. For small children, ask them to draw a picture of life at Daddy's house. A professional counselor and lawyers might need to be involved.
Despite what many people believe, there is no specific legal age that children can decide which parent they want to live with. That being said, Australian family law ensures children of all ages are allowed to express their views in any proceedings that concern them.
Emotionally absent or cold mothers can be unresponsive to their children's needs. They may act distracted and uninterested during interactions, or they could actively reject any attempts of the child to get close. They may continue acting this way with adult children.
Respond with kindness and compassion, even if you don't agree. If you can, come up with alternative solutions or options: a time change, new agreements, more space for their things. Suggest you'll have a conversation with dad if that's appropriate—or perhaps they can have that conversation themselves.
There is no set age in Australia and it is a factor to be considered. Children up to the age of 17 have had their wishes ignored. on their assessed maturity level and capacity to make decisions.
Many people believe there is a legal age for a child to choose which parent to live with. However, this is not one of the determinants. Instead, there is a range of other factors that the court will assess in deciding the living arrangements for a child.
Presently, the term 'parental alienation' is not recognised or referred to in Family Law Act 1975 (Cth). However, the Federal Circuit and Family Court of Australia has made reference to and made appropriate orders in cases involving parental alienation. Currently, parental alienation is not in itself a crime.
Talk to your child about why they don't want to go
Try to get to the bottom of why your child doesn't want to spend time or stay with your co-parent. Let your child express their feelings to you without judgment. When it's your turn to respond, do so with kindness and understanding.
There is no magic age before they turn 18. A judge must take a child's preference into account, along with that child's age, maturity and other factors. But the final decision is always up to the judge. Simply put, in a custody action, a child has a voice but not a choice.
In Australia, the courts strive to achieve 'equal shared parental responsibility', which refers to both parents making decisions about their children's future. Having this shared responsibility in mind is important when thinking about the mother vs father custody statistics in Australia.
There's no home alone law in Australia that says how old children must be before they can be at home by themselves. But parent and carers are legally responsible for looking after their children and keeping them safe. You're the best judge of when your child is ready to be left at home alone.
Generally every person can leave their Estate to whomever they wish. The only proviso is that adequate provision must be made for any adult children whom may have special needs and that this beneficiary displays no contrary conduct (wherever that is possible) which would otherwise dis-entitle them.
No legal age for leaving children home alone
There's no one law in Australia that says how old your child has to be before you can leave them alone. In Queensland, if you leave a child under 12 years of age for an unreasonable amount of time without supervision and care, you have committed a criminal offence.
There is no law that says what age you can leave home.
You can leave home at any age providing you have a safe place to go to. If you leave home and are considered to be in physical or moral danger then the Police or Department of Child Protection & Family Services may become involved.
There is no set time for a father to be absent to lose his rights in Australia. The only way for a father to lose their parental rights is through a court order made through the Family Court. Sole parental responsibility is when one parent is responsible for the major long-term decisions of the child.
There is no law about what age you can leave home, but your parents generally have to look after you until you're 18. The most important thing is you have a safe place to live. If you are under 18 and there are Family Court orders about you or you are under guardianship, then the law may be different for you.
The school may refer you to a school attendance officer, who will monitor your child's attendance and work with you to organise an attendance management plan for them. If strategies to help your child attend school haven't worked, the school attendance officer can issue an official warning or an infringement notice.
So then, how much time do we really need to spend with our kids? The answer: it all depends. I asked this question on Facebook and most parents came back with how 2-4 hours each day feels good for them during the week. Too much more and they feel overwhelmed, much less and they miss their kids.
Unless there is a specific need, parents should not initiate a call or text to their children more than one time a day while they are in the other parent's custody. It is understandable to miss the child, but co-parenting requires respect for the child's time with the other parent.