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Daniel, Solicitor
Category: Australia Law
Satisfied Customers: 4869
Experience:  Bachelor of Laws (dist) Graduate Diploma in Legal Practise. Admitted NSW Supreme Court / High Court
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My husband & I separated approx 18mnths ago - our 12 year old

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My husband & I separated approx 18mnths ago - our 12 year old daughter does not wish vistation but I have been made to force her. The judge sent us to family consultant and her report has been very skewed towards the father's rights. My daughter now feels there is no point in anything as nobody wants to listen to what she wants. We are lining up for mediation shortly to do orders. What rights do I and my daughter have to be heard. He is talking about week about for access and so my daughter is talking about leaving home at fifteen so that nobody can make her see him anymore. I am happy to facilitate some visitation but at some point I think that somebody needs to listen to the child as well. There is a history of mental/psychological abuse which is why we separated as he was starting to transfer this type of abuse to our child. They have had visitation for 2 months now & already he has told her he is going to take her out of the state and she is not to tell me and he keeps telling her he wants extra visitation and she has to agree because the court said she had too and I have no say in the matter. The court has not decreed any visitation at this point - I have agreed purely to avoid legal battles as he has a solicitor and I do not. Can somebody point me in the direction of where I can get some info on what her rights are.

She is 12, the court will look to what she wants. Interestingly, she is close to the age where the courts will be reluctant to even make orders.

When she becomes 13 / 14 and over the courts wont make orders usually.

you need to make it clear she does not want to go there.

The court will make a judgement in light of this.

But bear in mind, cold comfort, but her views will become a massive factor when she is a little older, to the point that a court will not usually make an order at all.

Please accept.
Customer: replied 3 years ago.

I find this strange because the only reason my daughter agreed to the visitation was because the court appointed family consultant told her that she had no choice and that a judge would force her to go so she may as well decide what she is comfortable with. The problem now is that every time her father wants to increase or change the vistation he tells her that the court said she had too - so she is getting very confused. So if the court wont make orders what happens then - I just tell him where to go and that if his daughter changes her mind I will have her contact him or what? I have repeatedly told everybody that she does not want to visit with him and I get told that he has rights and that she & I have no choice but to give him what he wants

I have never had a matter to make orders for a child 13 or over where a judge does not take specific reference to the child's wishes.

This is the reality.

Even if you make the orders, in time a court will really look towards not having them present, due to the thoughts of your daughter.

Please accept.
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