Can My Child Choose Who They Live With?

There Is No Set Age

In Australia, there is no specific age at which a child can legally decide where they want to live. Instead, the Family Court takes a broader view, assessing what is in the child’s best interests as the primary consideration. While the views of a child can be relevant, those views are just one of many factors the Court considers when making parenting orders. A child’s preferences may be considered, but they are not determinative.

“A child’s voice is important, but it’s just one part of the broader picture, says James Halliday, Associate at Wonderley & Hall. “Our job is to ensure the child’s emotional and physical wellbeing remains at the centre of every decision.”

How the Court Considers a Child’s Views

When the Court is asked to determine living arrangements for a child, it considers a wide range of factors, including:

• The child’s age and maturity
• Whether their views are independently formed or influenced by others
• The nature of the child’s relationship with each parent
• The capacity of each parent to meet the child’s needs
• The need for stability and routine in the child’s life
• Any risks or concerns, including exposure to family violence, neglect, or abuse.

Depending on the complexity of the matter, the Court may appoint a Family Consultant to prepare a Family Report, or an Independent Children’s Lawyer (ICL) to represent the best interests of the child. These tools help the Court assess the child’s needs and preferences in a safe, neutral, and professionally guided way.

Working Toward the Best Outcome

The goal in family law is not to “win” custody, but to develop arrangements that best support the health and wellbeing of the child. In many cases, parents can work collaboratively through parenting plans or consent orders.

At Wonderley & Hall, our team is experienced in negotiating effective, long-term parenting arrangements that reflect the best interests of your children while also supporting your needs as a parent.

“We help our clients work through parenting arrangements with clarity and compassion,” adds Lyn Ha, Senior Solicitor at Wonderley & Hall. “Our role is to reduce conflict, help you stay focused on what matters, and create plans that support long-term stability for your children.”

How We Can Help

If you’re navigating parenting decisions after a separation, our team is here to help. We can support you with:

• Drafting parenting plans and consent orders
• Advising on your rights and responsibilities
• Representing you in Family Court proceedings if necessary
• Collaborating with relevant professionals to support your child’s best interests.

With more than 130 years of experience supporting families in Toowoomba and across regional Queensland, we understand the emotional weight of these decisions—and we’re here to guide you every step of the way.

Get in Touch



To speak with a family law expert, contact our team at Wonderley & Hall today.