AustraliaWhat weight does a child's own preference have in custody decisions?
A child's preference is one factor courts consider in custody decisions, but it is not decisive — the child's best interests remain the paramount consideration under Australian law.
What the Law Says
The Family Law Act 1975 (Cth) sets out how courts decide parenting arrangements, with the child’s best interests as the central and overriding concern. A child’s own views are expressly recognised as relevant — but never determinative.
Section 60B(1)(a) states that children have 'the right to know and be cared for by both their parents, regardless of whether the parents are married, separated, divorced, living together or apart'. This includes the right to express their views on matters affecting them.
Section 60CC(3)(a) requires courts to consider '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.'
There is no set age at which a child’s wishes become binding or automatically decisive. Instead, the court assesses the child’s maturity, understanding, and the context in which the views were expressed — including whether they reflect independent thinking or external influence.
The law makes clear that the child’s views are just one part of the broader assessment under s. 60CC(2), which lists the two primary considerations: (a) the benefit to the child of having a meaningful relationship with both parents; and (b) the need to protect the child from physical or psychological harm.
Statutory Textany 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
— Family Law Act 1975 (Cth), s. 60CC(3)(a) — Additional considerations
Statutory Textchildren have the right to express their views on matters affecting them
— Family Law Act 1975 (Cth), s. 60B(1)(a) — Objects of Part VII
What to Do
Encourage your child to express their views honestly and without pressure — but avoid coaching or influencing their answers.
If involved in court proceedings, ensure the child’s views are heard through appropriate channels (e.g., an Independent Children’s Lawyer or family report).
Focus evidence and submissions on what truly serves your child’s long-term safety, development, and wellbeing — not just their current preference.
Remember: courts may appoint an Independent Children’s Lawyer (ICL) to represent the child’s best interests — not necessarily their stated wishes.
Sources
Not legal advice. This article is general information based on publicly available sources, written for educational purposes. Laws change and individual situations vary. Consult a licensed attorney in your jurisdiction before acting on anything you read here. Last reviewed: 2026-06-08.