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Childcare – what age can they decide themselves?

Once a child turns 16 any Court Order in respect of their day to day care expires (unless the Order states otherwise). 

This means that a Parenting Order granting Johnny’s mum day to day care of him when he was aged 9 years old will expire when he turns 16.  At that point Johnny can go and live with his girlfriend or his mate who has left school already, whomever he likes.  Once a child is 16 years old, the Court can only intervene if there are special circumstances.  Johnny making poor choices may not be enough.

An example of special circumstances may be a child with a disability – in that situation a Court may direct that an Order in respect of day to day care continue until the child turns 18.

If you would like further information about Parenting Orders or care arrangements for children, contact us on (04) 473 6850.