R & R: Children’s Wishes [2000] FamCA 43; (2000) FLC 93-000

The Full Court indicated that a child’s wishes are important and should not be departed from where they are soundly based and have been expressed without influence from either parent and are expressed against a background of particular facts and circumstances.

If a trial Judge decides to reject the wishes of a child, then clear and cogent reasons must be given for the rejection, particularly if the ICL submits that the Court should give effect to the child’s wishes.