It’s a question many separated parents eventually face: What age can a child refuse to see a parent in Australia? The short answer is: there is no set age. However, a child’s views do matter—and the older and more mature a child is, the more weight a court may give to their wishes when deciding on parenting arrangements.
In family law, a child under 18 doesn’t have a legal right to independently decide whether or not to see a parent. But their preferences may still form an important part of the court’s overall consideration of what is in the child’s best interests.
Does the Court Listen to What a Child Wants?
The Family Law Act 1975 (Cth), which applies across all states and territories including Queensland, requires the court to consider a range of factors when making parenting orders. One of these is the child’s views, provided under section 60CC(3)(a) of the Act.
The weight the court gives to a child’s views depends on the child’s age, maturity, level of understanding, and the circumstances in which their opinion was formed. A child who is 15 and expressing strong, consistent views backed by a sound understanding of their situation is likely to be listened to more closely than a younger child whose views may be less well formed or possibly influenced by a parent.
However, a child’s wishes are just one factor.
The court must primarily consider:
- The benefit of the child having a meaningful relationship with both parents, and
- The need to protect the child from harm (physical or psychological).
You can read more about how these principles are applied in practice in our article on Parenting Arrangements: Can a Child Decide Which Parent to live with.
So, What Age Does a Child’s Refusal Matter?
There’s no legal threshold age at which a child can simply “refuse” to see a parent. However, in many cases, courts begin to place more weight on a child’s wishes from around the age of 12. By the time a child is in their mid-teens, it can become increasingly difficult to enforce parenting orders that go against their firmly held views, particularly if those views are expressed consistently and are found to be genuine.
Still, even teenagers cannot unilaterally refuse contact. If a parenting order is in place, parents are legally obligated to comply with it unless it is varied by the court. If there is a genuine reason to believe the arrangement is no longer in the child’s best interests, legal advice should be sought to explore options for changing the order.
Why Might a Child Refuse to See a Parent?
There are many reasons a child might resist spending time with a parent, and not all of them involve wrongdoing. In some cases, it may be as simple as a teenager preferring the routine or comfort of one home. In others, the refusal might be due to strained relationships, unresolved conflict, or concerns about safety or emotional wellbeing.
Courts will look closely at why the child is refusing to see a parent. This includes considering whether the child has been influenced (whether that’s consciously or unconsciously) by the other parent, or whether there is evidence of abuse, neglect, or high conflict dynamics that make time with one parent distressing.
In high-conflict cases, allegations of parental alienation or psychological harm may arise. These issues are taken seriously by the court and often require expert evidence, including family reports or the appointment of an Independent Children’s Lawyer to represent the child’s interests.
If you’re dealing with a parenting arrangement that is no longer working, it’s important to seek advice early. Our article on modifying parenting orders explains how the court deals with changes in children’s needs or circumstances over time.
How Can Parenting Disputes Be Resolved?
Many parenting disputes, particularly those involving a child’s changing preferences, can be addressed through family dispute resolution or mediation. Where agreement cannot be reached, a court application may be necessary. In either case, legal advice is essential to understand your rights and responsibilities under current orders.
In some instances, it may also be appropriate to involve professionals such as psychologists or child-inclusive practitioners to support the child and help navigate difficult conversations around family dynamics.
It’s worth noting that failing to comply with parenting orders, even at the child’s insistence, can lead to serious consequences, including contravention proceedings. Understanding your options and responsibilities can help avoid further conflict and protect the child’s well-being. You can read more in our article about what happens when parenting orders are breached.
Need Legal Advice About What Age a Child Can Refuse to See a Parent in Australia?
If you’re unsure what age a child can refuse to see a parent in Australia, or you’re finding it increasingly difficult to navigate parenting arrangements as your child grows older, you’re not alone. These situations can be legally complex and emotionally challenging, especially when there are differing views between parents or when children begin to assert their own preferences.
At Pullos Lawyers, we understand how sensitive these matters can be. Our experienced family law team can help you explore your options, whether you’re seeking to vary existing parenting orders, respond to concerns about compliance, or understand the best pathway forward in light of your child’s evolving needs. We regularly assist clients with issues relating to parenting, family dispute resolution, child support, as well as urgent applications involving the safety and welfare of children.
To speak with a family lawyer who can provide clear, practical advice tailored to your situation, please contact us or call us in the Gold Coast on (07) 5526 3646 or Brisbane on (07) 3144 1641. You can also explore related topics in our guide on top tips for family mediation, what to include in your parenting plan, and what’s the difference between a parenting plan and a parenting order.
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