My Children Want to Stay with Me. Can They Give Evidence in Court?

March 16, 2016 – at 2:52 am – by Bodekers Family Lawyers

You’re separating from your spouse or de facto partner in Perth. The children have said they want to stay with you. Can they get up in court and tell the judge?

Unfortunately, in family law matters in Perth, the answer may be “no”. Under the Family Law Act (Cth) 1975, generally a child cannot be called as a witness in proceedings in the Family Court, nor can they be present during proceedings, unless the court specifically orders otherwise.

There are situations when views expressed by children as to their preferred living situation may be heard as evidence, even if made to a third party. For example, the case of Reynolds v Reynolds (1973) 47 ALJR 499 was heard in the High Court where a child’s oral evidence had been incorrectly rejected.

If this scenario relates to you, or you would like more information in relation to this issue or any other family law matters, you should promptly seek legal advice from an experienced family law solicitor. We invite you to discuss your particular situation with our Shannon Bodeker, who is very experienced in this area.

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 custody arrangements.

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