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I'm having some difficulties with my relationship with my

Customer Question
I'm having some difficulties with...
I'm having some difficulties with my relationship with my Mother and Sepfather. I have spoken to them about the issue and are unwilling to support me, and I want to move out and in with my Grandmother, who supports the idea. My Mother and Father are split up, and there is no court order in place, so both my parents get 50% custody of me, and I am 15. I want to move in with my Grandmother, who does not currently have any custody of me. Is this possible?
JA: Because laws vary from place to place, can you tell me what state the court order was issued in?
Customer: There was no court order put in place. I am in SA
JA: Have you talked to a lawyer yet?
Customer: No, this is my first stop.
JA: Anything else you want the lawyer to know before I connect you?
Customer: No
Submitted: 2 months ago.Category: Australia Law
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Answered in 5 minutes by:
9/13/2017
Solicitor: Leon, Solicitor replied 2 months ago
Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 45,077
Experience: BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
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Hi, I am Leon, a NSW Solicitor. I will be assisting you with your question. If you choose a telephone call, you will be charged an additional fee.

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Solicitor: Leon, Solicitor replied 2 months ago

Good Evening

At the age of 15 if the matter was to go to court, it would listen to your wishes.

If your grandmother is happy for you to live with her, and is prepared for the issues it will raise with your parents, then you can move in.

The following information is about your right to choose.

Until 1974, children had ‘the right’ to choose which parent they lived with at age 14. Since the Family Law Act came into effect in 1975, there has been no hard and fast rule.

The Family Court now looks at a number of factors in deciding with which parent a child shall live.

There is a presumption that it is in the interests of a child to spend as much time as possible with both parents. That is called a “rebuttable presumption” in that it is a starting point, but many factors are considered before the Court will make such an Order.

The wishes of the child are important. Equally important are the reasons for the Child stating those wishes, and also considerations such as the Child’s age, maturity and level of understanding. There is little point asking a 4 year old, no matter how bright the parents may think the child is. At the other end of the scale, the Court generally looks dimly on a Parent who demands a 16 year old be told by the Court with whom they shall live.

There is no magical age. The 8 year old should normally be asked, however the Court is not bound by what they say. It is a factor to be weighed-up. A 14-15 year old will normally have their wishes granted, so long as they are expressed to be for the appropriate reasons.

One case allowed 2 children (8 and 10 years old - sister & brother) to decide that they wanted to stop living with one parent and start living with the other because the other parent provided proper accommodation, took them to school, put shoes on their feet, and fed them as one would expect to feed children that age. Very basic needs which were not being met adequately by the first parent. At the other end of the scale, a 16 year old child with a significant mental impairment will be asked, however if the Court is not convinced that their wishes are actually in their best interests, other factors will take priority.

The Court specifically looks at the attitude of each parent towards the task of parenting, whether the parents are able to provide adequately for the child and whether a parent will actively promote the relationship between the Child and the other parent. The Court prefers not to separate Children where possible. Violence, drug and alcohol abuse are also considered.

I hope this makes sense and is of assistance. If you wish a phone call please elect for one but be aware it will be an additional fee. If there is nothing further thank you for using my services.

If I have missed anything, or you have any further questions please let me know

If there is anything else in the future please do not hesitate to ask.

Please do not forget to leave positive feedback.

Regards
Leon

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