Can a Family Court Take the Wishes of the Children into Account?

When two parents decide to go separate ways, this could lead to major repercussions for the family unit as a whole. Both adults will be expected to contribute to the decision-making process and decide how they are going to split up the responsibility for the kids. Yet do the children themselves have any say in this, and what can the court do to intervene if necessary?

Focusing on the Problem

In an ideal world, the adults will step up to the plate and do the right thing for the children. Indeed, they should put their offspring first and foremost and ensure that they are well catered for from a physical, emotional and financial point of view. But sometimes, the adults get so caught up with their own dramas that they cannot see eye to eye at all, and in this case, the matter will often have to go in front of the court.

When this happens, the court will focus even more on the plight of the children. They will not take any financial settlement into account until they are satisfied that the offspring are safe and accounted for.

Court Decisions

The outcome can change from case to case, of course, but it is not unusual for a judge to determine that the children should spend an equal amount of time with both parents. They'll want to be sure that the adults are in relatively close proximity to each other, so the children can travel back and forth with as little disruption as possible as they pursue their new life.

Unusual Circumstances

Sometimes, this may not be possible. One adult may be forced to move a considerable distance and sometimes to a different state due to their job requirements or another pressing need. This may make it difficult for the children to travel in between the two locations on a regular basis, and the court may need to make another decision.

Considering the Children

In this case, they may well take the views of the children themselves into account. Ordinarily, they will only do this if they are adolescent or older and can form their own opinion. They may be estranged from one of the parents anyway, and they wish to spend most of their time with the other.

Never Cut and Dry

If you're in this position, you will need to come up with a strong case if the other party is against such an idea. The court will usually look at the longer-term implications of separation and may make a different determination, even if the children themselves advocate their views. It is very important, therefore, for you to get support from a family law consultant before you put your case forward.

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