SA How Much Weight Does Family Court Give Child's Opinion?

[Tina028]

I've always tried to get him to spend extra time with the kids where possible as he lives so far away but he hasn't wanted to. I've got the kids telling me things that they've been told to keep a secret from me.

He has often told me and through messages that since the kids only stay with him every other weekend, it's not his place to facilitate their homework. They are there, apparently, to relax.

My 13-year-old has struggled with his comprehension and English for years. The school is finally helping and I've got him a tutor. The school that he's enroled to has got him into a class that's smaller in student size, has 2 teachers and extra lessons in maths and English. The school is only down the road. The school that he wants to enrol him in down there don't offer any of this to help him.

 

[sammy01]

Ok, so your question is just about the extent that the courts would take into consideration the wishes of a child - answered. But what you appear to be missing is that it will only go to court if the father applies to court. Now given your opinion is that dad doesn't want extra time, you have nothing to worry about.

If, however, the kid wants to go live with dad and dad agrees, then I'd recommend you work on making that happen. For that purpose, if you can't come to an agreement about the nitty gritty details of how such arrangements will happen.

Or you could hold out, refuse, etc., and hope that dad doesn't bother applying to court and the kid will resent you...And if the dad were to post here, my opinion for him would be not to apply to court.

Nope - I'd suggest he not return the kid and then you'll have to apply to court for a recovery order and when you go seeking legal advice on that one you're likely to be told not to bother because courts are reluctant to force 13-year-old kids back to a home that they clearly don't want to live in...

So has dad communicated that he wants to be the primary carer?