The straightforward legal answer to this question is that a child can decide to refuse contact with a parent from the age of 16. Under the Children Act 1989, court orders relating to a child’s living arrangements or contact typically apply until the child reaches 16, unless there are exceptional circumstances.
This is not as simple as it may at first seem, as the child’s age is just one factor the court considers. The court always places the child’s welfare as the paramount consideration, and the child’s wishes and feelings are weighed alongside other factors to determine what is in their best interests. Our Senior Associate and Children Lawyer, Amelia Davey, explains how courts will consider a child’s wishes alongside their welfare, maturity, and any other external influences when making decisions about child arrangements.
The Role of the Children Act
The Children Act 1989 provides the legal framework for decisions about children in family law cases. Section 1 of the Act includes a checklist that courts use to assess a child’s best interests. This checklist includes considering the child’s wishes and feelings (where they can be ascertained) in relation to their age and maturity.
It’s important to know that the court doesn’t have to follow a child’s wishes but will consider them as part of a broader assessment of the child’s welfare. For example, a younger child’s expressed desire may carry less weight if the court believes the child lacks the maturity to make an informed decision or if there are concerns about undue influence from one parent.
How does a child’s age affect child contact and court decisions?
The older and more mature a child is, the greater the weight their views will be likely to carry.
A very young child may not be able to articulate a preference, so the court may rely on general principles such as maintaining a meaningful relationship with both parents.
An older child who can clearly express their wishes will be heard, but the court will still evaluate whether following those wishes aligns with their welfare.
Another example might be if a ten-year-old may express a desire to move abroad with one parent but may not fully understand the implications of leaving their school, friends, and extended family behind. In contrast, a 15-year-old’s considered preference to live with one parent will carry significant weight, as they are close to the age of 16 when they can make the decision independently.
The importance of understanding a child’s views
While courts will consider the views of children, they must also examine the reasons behind those views. Children can sometimes reflect what they believe one parent wants to hear to avoid conflict or tension. Alternatively, their views may be influenced by external factors, such as siblings, peers, or even if there might be pressure from a parent.
Parents should take the same approach as the court—acknowledge the child’s views but assess them within the wider context of their welfare. For example, if a child expresses a wish not to see the other parent due to unresolved conflict or feelings of discomfort, it may be necessary to address those concerns rather than simply accepting their decision.
Court expectations and parental responsibility
Courts generally take a strong stance in favour of maintaining contact between children and both parents, unless there are compelling reasons why this would not be in the child’s best interests. Recent case law has highlighted that a parent with primary care responsibilities is expected to actively promote and encourage contact with the other parent. This might involve addressing the child’s resistance and helping them understand the importance of maintaining the relationship.
It is not enough for a parent to say they support contact while allowing a child to refuse it without exploring the reasons behind their reluctance. Parents are expected to use the same strategies they might employ in other areas of parenting such as requiring the child to complete homework or attend school, even if the child is resistant.
It is important that parents try to take a balanced approach, considering their child’s views while also addressing any underlying issues and keeping the child’s welfare at the forefront. Open communication and mediation can often resolve disputes without the need for court intervention, ensuring the child’s needs are prioritised and relationships are preserved.
If you are facing challenges around child contact or living arrangements, seeking legal advice from a specialist family law solicitor can provide clarity and support to navigate these sensitive issues effectively.
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