This is one of the most common questions that family lawyers are asked by parents who are separated.

The Family Law Act 1975 and case law does not define the age for when children can decide who they live with. Generally, Courts are more likely to give greater weight to adolescent children’s views and wishes, in light of their developmental maturity in comparison to younger children. However, all family law matters are determined on a case-by-case basis and even the views of teenagers are not determinative.

There is one very common question among parents who are separating or have separated: “Will I get custody of the kids?”