14yr old and 17 year old no longer want to stay in court appointed parents house. Have tried to runaway and have asked older half sister to pick them so custodial parent has taken out an AVO on older half sister so that she cannot go near the 14yr old and 17 year old. What can they do?
#parenting
Hi Im Free,
If the current orders for the children are no longer working, the court order will still continue to apply until there are new orders in place, (eg: parenting order, consent orders). There is no specific age at which a child can choose who they live with, a child is legally a minor until they turn 18.
It depends on when the orders were made as to what the appropriate route will be to take, for example: if the court orders were made in recent years and the OP will not consent to adjustment them, then the orders can only be changed if there has been a “significant change of circumstances” since the orders were made.
However, if the orders were made some time ago, a resolve between the parties in mediation with a parenting plan can vary the existing court orders, if no agreement is made then an application to the court to vary existing orders may be made.
Any decision concerning a child’s living arrangements, including working out when they see the other parent, must be made in the best interests of the child. While a child may have their views represented about who they want to live with, it is not the only determining factor the court considers when deciding living arrangements, this is information only and is not to be construed as legal advice.
As this is a general post and not a specific question in our QNA or #Discussion area I will respond generally.
The child can not be forced against their will to do anything.
Last year a mother came to me as their daughter (14) wanted to live about 150 kilometres away with friends. She called the police ... nothing they could do to help. She called DOCS/FACS ... nothing they could do to stop her from going.
Now that matter did not involve the Family Court, however the Family Court also can not force a teenager to do anything against their will and you as a parent would urgently need to apply to the court for a variation to the orders due to a “significant change of circumstances” so the Court is aware there is a problem with compliance that is out of your control.