At What Age in Oregon Can a Child Decide Which Parent to Live With

Oh how I love and loathe this question.

I loathe it considering it doesn't have an answer.

I dearest information technology because information technology doesn't have an reply.

When my stepdaughter turned 12, her maternal family told my husband, in no uncertain terms, that they had told his daughter that 'when she turned 12' she could make up one's mind whether or not to go along spending time with her dad. He was then told she no longer wished to come up and spend regular time with our family unit, and he could visit her at her mum's house. Or something like that.

Anyhow, our personal circumstances aside, I can tell you at present – there is no legal or statutory age at which a kid tin can make up one's mind where they desire to live. Well. I mean. Technically they can. When they turn 18. Your adult child can cull where they live.

Practically, it's often said that teenagers will 'choose with their feet'. Regardless of what parenting arrangements are in place, past their teenage years, your kids will usually be fairly emphatic in their preferences, and are ordinarily resourceful enough to ensure they are spending their time wherethey want to spend it. Merely that's not the constabulary.

TheFamily Law Act 1975(Cth) (the Human activity) does not stipulate an age at which a kid's views and wishes will determine whatsoever conclusion around parenting orders. Nor does case law. At the end of the day, it still comes back to department 60CC of the Act and what arrangements are in the best interests of the kid.

And so whenwould their views and wishes count?

And how can they be articulated to the courtroom?

The views and wishes of a child tin can be obtained via a Family Report in court proceedings, or potentially through a child consultant in mediation or out of courtroom negotiations. Basically, an experienced professional person who works with children and has an understanding of emotional and cognitive development and children'south support and parenting needs, volition assess the children and provide a report to the parents and/or the court. These assessments tin can include interviews with parents, interviews with children, observations of interaction between parents and children (and other family unit members) and gathering of information from other sources such as doctors and schools.

This allows the knowledgeable professional to form an informed and educated view on not just the views and wishes of the children, but how those views and wishes have been formed. They will consider things like:

• How much of the situation does the child empathise?
• How impressionable are they?
• To what extent are their views based on the views of a parent?
• Does the child align their views to delight a parent or parents?
• How mature is the kid? Emotionally? Cognitively?
• How dependent is this child on their parent or parents, both to run into their daily care and protection needs, equally well as their ongoing emotional development?

This tin can get pretty complicated. So I like to think of information technology this way:

"Does the child know what their best interests are?"

If you are like me, and similar a checklist – use department 60CC. How much of that section would the child actually sympathize and be able to answer?

Every bit every child is different, you lot can't assume that any given historic period provides for this clarity of agreement. I've met 8 year olds that could clear this clearly, and 15 year olds that are so aligned with a primary parent they can't limited a single contained thought.

Even if the court is satisfied that a child's views and wishes should be considered, they and then apply judicial discretion (so, their own view) on the weight that they should give to those views and wishes. This is when age may start to play a role.

The court knows that whilst the 8 year old is at the hands of their parents as to where they live (every bit parents tin can nevertheless control the movements of a younger child) a similarly expressed 15 year one-time is going to go where they want to, regardless of the orders fabricated (in most cases). So the court might give more than weight (importance) to the views of the older kid, and less to the younger. They will consider the views and wishes and determine how of import they are at that time to any orders that the court must make.

So.

Clear every bit mud?

Probably. Information technology'southward a bit like that. The important takeaway is to know that at that place are other avenues available to help y'all to know how your child really feels, what they really want, and what would likely be in their best interests i.e. engaging a kid consultant or other children's professional.

I am genuinely passionate about helping families get on the same page and work to make their children'southward lives the best they possibly tin can. Separation is just another family unit dynamic and doesn't hateful your child can't get everything they want, demand and deserve from their childhood.

Make it touch if you lot think I can help you and your family. Yous tin attain met at jessica@jpflm.com or call 0466 090 434. Separate improve.

JP

matthewsoblactiones.blogspot.com

Source: https://www.linkedin.com/pulse/what-age-can-my-child-choose-where-live-jessica-purcell

Share this post