Views of the Child in Parenting Matters

The views of the child comprise one factor among an array of different considerations that may colour the Court’s assessment of what parenting order reflects the “best interests” of the child. The amount of weight the Court might place upon this factor is contingent on the age and maturity of the child, any undue influence of either parent, and any other consideration the Court deems relevant. Ultimately, the persuasiveness of evidence presented concerning the views of the child is circumstantial and considered by the Court on a case-by-case basis (Bondelmonte v Bondelmonte [2017] HCA 8).
In the case of Kagan & Earle [2013] FMCAfam 88, the Court held the family law report evincing views of the child in favour of the mother to be unconvincing, given a conflation of dates and information. Furthermore, the Court held the mother’s constantly changing proposals for living and schooling to be unsatisfactory and void of stability. Principally, this case demonstrates how the stability of a particular parent’s environment and/or proposals might negate the views of a child.