Australian Family and Fertility Law
Australian Family and Fertility Law
Do Children Have a Say in Family Court? Australian Parenting Cases Explained
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In this highly informative episode of the Australian Family & Fertility Law Podcast, Bruce Provan, Managing Director of Page Provan, tackles one of the most critical questions in family law: Do children have a say in parenting cases in court?
Navigating the Federal Circuit and Family Court of Australia can be daunting for separated parents, especially when considering how their children's wishes will be factored into parenting orders. Bruce explains that while children do have a voice, the impact of their wishes depends largely on their age, level of maturity, and intelligence. He guides listeners through the practical ways the court assesses these wishes without exposing children to the courtroom floor. This includes the preparation of Child Impact Reports and Family Reports, as well as the crucial application of Section 60CC of the Family Law Act. Bruce also highlights recent 2025 legislative changes that mandate Independent Children's Lawyers (ICLs) to meet directly with children, ensuring their perspectives are formally and safely represented.
In This Episode:
- How the Family Court assesses a child's age, maturity, and wishes
- The crucial role of Child Impact Reports and Family Reports
- How Section 60CC of the Family Law Act protects children's voices
- The 2025 legal requirement for Independent Children's Lawyers to meet with children
- Why judges rarely speak directly with children in parenting cases
- How a child's perspective is formally submitted as evidence
To seek expert advice for your family law, property settlement, or parenting matters, contact our experienced team today: https://pageprovan.com.au/
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