On appeal from a decision of Justice Watts of the Family Court, a new High Court case on family law (a rare treat for family lawyers in Melbourne) considered the wishes of two teenagers aged 15 and 17 to live with their father in the United States, when their holiday there suddenly became a permanent stay.
The mother, who remained living in Australia, made an application for the boys’ return, on the basis that their relationship with her would be compromised if they remained in the United States.
“Wishes” of children are a relevant factor for a Court to take into account, particularly as they get older and those wishes are more maturely expressed. It can sometimes be tempting to think that children of these ages will simply be able to determine their own living arrangements.
However, the High Court upheld the decision of the trial Judge, who found that though both children expressed strong wishes to remain in the United States with their father, those wishes had to be examined in the context in which they were expressed. In this case, the trial Judge found that those wishes were heavily influenced by circumstances which had been contrived by the father.
The lesson? Children don’t get their wishes simply because they want it- a principle our favourite Republican might struggle to understand.
Source: Bondelmonte v Bondelmonte [2017] HCA 8 (12 March 2017)
Rowan Skinner is a highly skilled family lawyer with over 35 years of experience across various legal roles and jurisdictions. Rowan specialises in resolving family law disputes such as divorce, financial settlements, child custody and domestic violence cases. Through his diverse and extensive experience, Rowan has a deep understanding of the complexities and nuances involved in family law. Rowan is a skilled negotiator and litigator who follows a compassionate and client-focused approach which prioritises helping you navigate what can be an emotional and challenging time.
