The question of whether it is worth seeking a court order for child arrangements, and if their child is too old for this, is one we often encounter from parents.

If we were to examine the strict wording of the law under the Children Act 1989, the court legally defines a child as a person under the age of 18, and that the court will only look to make an order for a child over 16 if it is satisfied there are ‘exceptional’ circumstances. These exceptional circumstances usually being in only the most extreme children’s cases, with either severe disability or safeguarding risks present.

This would suggest then that the answer is 16, unless the matter is of a particular seriousness, in which case the answer is 18.

This however is not always the case, and as is often the case in Family Law, the answer becomes more of a nuanced and somewhat cliché ‘it depends’.

The Children Act 1989 dictates that the court must consider the ‘ascertainable wishes and feelings’ of the child, in ‘light of their age and understanding’, as part of their wider welfare checklist. As one might expect the weight in which these ‘wishes and feelings’ will be taken into consideration naturally become stronger as a child ages and grows more mature, and in our experience this most often comes to a head when a child is a teenager.

Not all children are the same though, and the court will have undoubtedly in past cases on one hand dictated with whom a 14/15-year-old child lives, and in a separate case will have allowed a 11/12-year-old to decide with which parent they predominantly live. This differing position of the court becomes more understandable if you appreciate that you have probably met young children who act much maturely then their age would suggest, and the complete stark opposite of some older teenagers.

If your child is expressing a particular view as to how they want to spend their time with each parent, or in some cases that they wish to limit or reduce the time they spend with another parent, the imperative question to ask oneself is ‘how has my child reached this conclusion?’

• Is this because your child thinks this is what you want them to say to you, and is being done out a desire to try and please you?
• Is it something they have suddenly expressed out of the blue, that might have been because of a minor or one-off incident, or a brief frustration?
• Is it a decision borne out of a mature appreciation that they have for the facts of the matter and their living circumstances they have with one particular parent, with an honest understanding of what is best for their own needs?

The honest answer to this question, will usually be a telling factor in considering how a court will in turn address the matter at any hearing and if an order is necessary to set times for when a child is with either parent.

Consultation

If you considering a children’s application to court, or require any assistance in respect of divorce, separation, or financial matters, John Hodge Solicitors can offer a free initial consultation to discuss things further. The appointment can be held in person, over the phone or online.

Free initial consultations are subject to internal checks and availability.

Next Steps: Get in touch

Our team of legal experts at John Hodge Solicitors, are conveniently located throughout the South West, with offices in Bridgwater, Bristol, Clevedon, Wedmore, Weston-super-Mare and Yatton.

You can contact us either:

• by email
• via our website
• by calling us on 0800 097 8611