R & R: Children's Wishes

The Full Federal Court considered an appeal concerning the weight to be given to the wishes of children in family law proceedings. The appeal arose from a dispute between the parents, R and R, regarding the future care and upbringing of their children.

The central legal issue before the Full Court was the proper approach to be taken by a court when determining the best interests of a child, specifically in relation to the weight to be afforded to the expressed wishes of the child. This involved considering how a child's age, maturity, and understanding should influence the court's assessment of those wishes.

The Court affirmed that while the wishes of a child are a significant factor to be taken into account under section 60CC(3)(a) of the *Family Law Act 1975* (Cth), they are not determinative. The weight given to a child's wishes must be proportionate to their age and maturity, and the court must be satisfied that the child has a genuine understanding of the issues involved. The judges emphasised that the ultimate paramount consideration remains the best interests of the child, which requires a holistic assessment of all relevant factors, not solely the child's expressed preferences. The court's reasoning underscored the need for judicial officers to exercise careful judgment in evaluating the reliability and significance of children's wishes, ensuring that such wishes are not given undue or insufficient weight in the decision-making process.