Can Kids Decide Where They Live After Separation? How Children's Wishes Actually Count in Family Law

🎧 Listen If… Your child has said they don't want to go to the other parent's house Your ex keeps saying "once they turn [a certain age] they can choose" You're worried your child is being pressured, coached, or caught in the middle You're hearing two completely different stories from your kids at handover You're amicable and thinking of just "letting the kids decide" (please listen first) You want to understand how children's views actually reach the court General information only not legal advice. Always consult a qualified family lawyer about your situation.🛟 Discusses family violence & coercive control. In danger: 000. Support: 1800 RESPECT (1800 737 732), Lifeline 13 11 14. About This Episode Mum and I unpack what the Family Law Act actually how children's views really reach a judge (family reports, child impact reports, ICLs), and how kids' wishes play out across the four divorce personality types.  ⏱️ Timeline 00:00 Can a Child Choose Which Parent to Live With?  02:00 Why the Family Court Won't Ask Kids to Choose  06:27 The Best Interests of the Child Test (Section 60CC)  09:06 What Age Can a Child Decide Where to Live? 11:34 How a Child's Wishes Are Actually Heard in Family Law  13:25 Child-Inclusive Mediation Explained  15:22 Therapy, Family Reports & Expert Evidence  19:48 How to Get a Family Report Outside of Court  22:35 How Family Violence Changes Parenting Decisions  27:22 2024 Family Law Reforms & Common Custody Myths  28:29 Can You Force a Teenager to Follow Parenting Orders?  31:58 The Reality of Enforcing Orders With Teens  33:03 How to Future-Proof Your Parenting Orders  34:03 Why Older Teens Have More Say in Where They Live  34:35 The Manipulative & Controlling Ex: Hidden Motives  36:42 How to Spot Coercion & Coaching Tactics  39:04 Love Bombing, Bribery & When the Mask Slips  41:54 High-Conflict Exes: Kids Caught in the Middle  45:20 The Avoidant Parent & Parentification  49:02 Amicable Co-Parents: Why You Still Shouldn't Let Kids Decide  51:07 Key Takeaways: Voice Heard, Not Decision Made  54:43 Closing Notes & Legal Disclaimer 🎧 Episodes Mentioned Decoding the Child's Best Interests Referenced when discussing the full 60CC best-interests factors https://youtu.be/k4-QTbfW8XM?si=4ltIq0y0ceoMQWym Child-Inclusive Mediation Referenced when discussing how children's views are gathered out of court. https://youtu.be/HrEU6dFc0Ko?si=xvSAyfnMJ9oEfXnN Handover Hell – When Your Child Refuses to Go Referenced at the end for listeners dealing with handover-day resistance https://youtu.be/YphzOPZmC3k?si=Wf1RwzJMf-ix4N4K Support & Resources 📞 1800 RESPECT 1800 737 732  |  Lifeline 13 11 14  |  Police 000 The Divorce Course → https://www.thedivorcecourse.com.au If this helped, please follow, rate, review and share The Divorce Course Podcast so others can find it too. All our best, Laura & Lyn – Your Guides By Your Side