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llmunchkin
llmunchkin | August 2009

What age can i choose witch parent to live with. Anonymous Author (Yesterday 4pm)



i just moved here with my mum and brother and mums boyfriend from Darwin. and i want to move back to darwin with my Dad. Im 13 and i want to know what age i can choose witch perent i live with.


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August88
August 2009 | August88
Re: What age can i choose witch parent to live with. Anonymous Author (Yesterday 4pm)

My son decided at 13 that he wanted to live with his dad. Does your dad agree to it would be the question? And are there any custody papers already? Just from experience when my son decided to live with his dad, I had to come to terms with it and accept it. We are very happy with the arrangements now. I hope that you all work it out. Good luck with it. Talk to mum first because it is a shock and we don't like to let go of our babies. Weigh up the pros and cons and try to make the best decision for you. I guess it must be hard just moving away from all your friends.



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Mintythistle79
August 2009 | Mintythistle79
Re: What age can i choose witch parent to live with. Anonymous Author (Yesterday 4pm)

The Family Court will always try to consider the wishes of the children involved as much as they are able. Obviously this is difficult to do if a child is very young. If they feel that a child is being unduly influenced by one parent they may also appoint a child advocate to represent the child.

The Family Court considers 9 years old to be 'the age of reason', that is, the age when a child is aware enough of consequences to be allowed to have a serious say in where they live, so as a 13 year old you would certainly have your wishes considered.



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anniebabe
August 2009 | anniebabe
Re: What age can i choose witch parent to live with. Anonymous Author (Yesterday 4pm)

ok  hre in australia we have

kids helpline  for kids 5 -25 (thats right 5 years old to 25 years old) free number 1800 55 1800

they have qualified coucellors 24 hours  7 days a week to answer any kids problems big or small

they help 6,000 kids a week

you can either have phone councelling  email or web

its  run by boys town but also funded by the government.

oh and there is a website family court that take into consideration what the children want . Its actually from an age where children are old enough to understand. the parent has to apply to the courts but they do ask what the child wants. they look at the past history of the parents. if there has been any phsical or emotional violence then it can work against the parent. It depends on the past relationship what the parents have contributed to bringing up the children if the parent has been to jail or drugs it will work against them. As you can see its not  straightforward. 

kids helpline started in 1991 to support kids and here in Australia it is supported by the government. so it is safe to ring for advice . its free . it was set up because there was a need for kids to be heard.

annie  



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anniebabe
August 2009 | anniebabe
Re: What age can i choose witch parent to live with. Anonymous Author (Yesterday 4pm)

16 is the legal age to live independently  that is on your own.

I think you have rights from an earlier age to choose which parent you want to live with. It also depends what the courts had decided. If you the child is not happy , i think your dad can go back to the courts and have a mediation but it depends on all the circumstances.  For example has one parent been granted custody rights? Have the courts asked for constant reviews? Are the northern territory courts aware that you have moved to Darwin? 

Victorian laws might be slightly different to northern territory.   

there should be a helpline that you can call for advice. im not good at doing links but maybe someone here might be able to google and find out the information.

i know as a 14 year old one has certain rights. But what these rights are can only be answered by a legal adviser. There are legal services that are government funded to help any one in a crisis situation. It depends on the situation and if there is any problem to your safety or well being

good luck

annie



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      anniebabe
August 2009 | anniebabe
Re: What age can i choose witch parent to live with. Anonymous Author (Yesterday 4pm)

sorry that should read that you have moved away from Darwin to Melbourne

annie



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           anniebabe
August 2009 | anniebabe
Re: What age can i choose witch parent to live with. Anonymous Author (Yesterday 4pm)

Family law courts will also be able to give you advice. there are also agencies like family support group, but again they might want to speak to your mum or dad , again depending which is the legal age.

you can ring them for advice .



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mystikal
August 2009 | mystikal
Re: What age can i choose witch parent to live with. Anonymous Author (Yesterday 4pm)

I think the age is 16 but don't quote me - Ring any local lawyers in your area you're entitled to 1 free piece of advice and it's quite a straight forward question I'm sure they can answer it for you



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blue-raven
August 2009 | blue-raven
Re: What age can i choose witch parent to live with. Anonymous Author (Yesterday 4pm)

Generally, I believe at 13 you can have say but the judge will at the end of the day decide whats best, I think the legal age is 15 or 16 but I have to talk someone I know who has experienced in this area.

I hope this is a little bit helpful, you may want look up a government website or a court website or even consult a lawyer or court person ( I forget their title) who deal in custody issues. They will be able to tell you your rights and how to apply for a change in custody. Don't expect a miracle though as it may not happen.

Raven



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