Vidler & Vidler 2013 FCCA 1176

The case involved two children aged 15 and 13 years who had lived primarily with their mother following the separation of the parents.  The judge found that the older child expressed a strong and clear view to terminate his relationship with his mother after being exposed to her use of drugs and alcohol over time, and following exposure to family violence with her new partner (child’s wishes, reluctant to contact, re-partnered).

The judge found that he should place substantial weight on the views of the 15 year old child, and found that similar considerations applied to the 13 year old child.