AustraliaMy child wants to live with me instead of their other parent. At what age can they decide?
In Australia, there is no fixed age at which a child can independently decide where to live — the court considers their views as one factor among many, with greater weight given as they mature, especially from around 12 years old.
What the Law Says
The Family Law Act 1975 (Cth) sets out how courts decide parenting arrangements. A child’s wishes are relevant — but never decisive — and are assessed alongside many other factors focused on their best interests.
The law does not give children a right to choose where they live based on age alone. Instead, the court must consider 'the views expressed by the child and any factors that the court thinks are relevant to the weight it should give to those views' — this is set out in section 60CC(3)(a) of the Family Law Act 1975.
Other considerations under section 60CC include the child’s relationship with each parent, history of care, safety, maturity, and capacity to understand the situation. The child’s age, level of understanding, and independence all affect how much weight the court gives to their views.
While younger children’s views may be heard, courts typically place more emphasis on the views of children aged 12 and over — not because of a legal rule, but because they’re generally seen as more capable of reasoned judgment about their living arrangements.
Statutory Textthe views expressed by the child and any factors that the court thinks are relevant to the weight it should give to those views
— Family Law Act 1975 (Cth), s. 60CC(3)(a) — Matters the court must consider in relation to children
What to Do
Listen carefully to your child’s reasons without pressuring them.
Encourage open communication with the other parent — consider family dispute resolution first.
If agreement can’t be reached, apply to the Federal Circuit and Family Court of Australia for parenting orders.
Be prepared to support your child’s views with evidence of their maturity and understanding — e.g., school reports or counsellor statements.
Remember: the court’s focus remains the child’s best interests — not just what they say they want.
Sources
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UKNot 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.