22/10/2026
A child's views can be relevant when a Court is considering parenting orders — but they are one factor among a range of considerations.
The weight given to a child's views can depend on factors including their age and maturity, whether their views have been influenced by a parent and the particular circumstances of the case.
Aston Legal Group's case study of Solghi & Danwar [2022] demonstrates how this can work in practice. In that matter, the Court gave significant weight to the children's views, taking into account their maturity, their own experiences and the broader circumstances, including family violence.
The key point is that there is no automatic rule that a child's preference determines the outcome.
The Court's focus remains on the best interests of the child.
Read the full case study:
https://astonlegalgroup.com.au/views-of-child-and-parenting-orders/