Child’s Wishes In Relocation – Perth Family Law

A child’s wishes can hold some weight in issues where a court is determining what is in their best interests.

In Timms & Payton [2015] FCCA 3324 the mother had decided to relocate regardless of her 11-year-old daughter’s wishes. She even expressed that she would move with or without her daughter.

The daughter was of an age where her wishes could be considered by the court, and she didn’t want to leave. The father and an independent children’s lawyer also opposed the relocation.

It was held that it would be in the best interests of the child to remain with the mother, as she had been the primary care giver, whereas the father was something of an “unknown quantity in terms of being a primary caregiver”.

Orders were made for relocation, with the father to spend time on alternate weekends.

Child relocation can be a complex process. We therefore recommend you seek legal advice from one of our family law solicitors. We invite you to discuss your particular situation with our Legal Practitioner Director, Ms. Shannon Bodeker, who has High Court experience in relocation matters.

Prior to your first appointment, you may send us an email, fax or similar, outlining your situation in as much detail as you like. This information will be read on a complimentary basis prior to your first family law appointment.

Please note this is not family law advice. It is important to seek specific family law advice. We are very experienced Perth family law solicitors and can provide you with the very best legal advice regarding child relocation.

Email our Legal Practitioner Director Shannon Bodeker at now for your complimentary pre-read and your first appointment at a reduced rate.