In the Federal Circuit and Family Court of Australia (FCFCOA), the views of a child may be taken into account in family law matters, particularly in cases involving parenting arrangements. The court generally aims to consider the best interests of the child as the paramount consideration. The weight given to a child's views depends on the child's age, maturity, and capacity to express their views.

Key points regarding when a child's views may be taken into account include:

1. Maturity and Age:

The court is more likely to consider the views of older and more mature children. As children grow older, their ability to express their views in a meaningful way is often given greater weight by the court. There is no specific age when a child can decide where they live.

2. Child Inclusive Processes:

The FCFCOA may use child-inclusive processes, such as family reports or family consultants, to gather information about a child's views. Family consultants or experts may interview children and provide the court with insights into the child's wishes and feelings. A family report is a report where a social worker interviews children, parents and relevant persons and makes recommendations about the matter and the issues in the case.

3. Best Interests of the Child:

While the child's views are considered, they are not determinative. The court will weigh the child's views against other factors and consider what is in the child's overall best interests.‍

4. Protection from Harm:

The court will not rely on a child's views if there are concerns about the child's safety or well-being.

5. Other Factors:

The court considers a range of factors, including the child's relationship with each parent, the ability of each parent to provide for the child's needs, and any history of family violence or abuse.

It's important to note that family law matters can be complex, and each case is unique. If you are involved in a family law matter in the FCFCOA, seeking legal advice from a qualified family law professional is essential. They can provide guidance on how the court is likely to approach the consideration of a child's views in your specific circumstances. We would love to help you - why not make a free 15 minute appointment with one of our qualified and experienced lawyers?