Families and the Law (PDF, 860 KB)
Family can look like lots of different things. Some young people will live with their parents (biological or adoptive) while others might live with their grandparents, aunties and uncles, cousins or older siblings. Sometimes young people live with adults who they are not related to. If you need help about a family situation that isn’t covered here, please call the Legal Help Line on 1300 366 424.
If your parents are splitting up, or have split up, things can be pretty tough and confusing. Your parents will need to work things out like where you will live and what time you will spend with each of them.
If parents can’t make a decision together, usually they will need to go to mediation. Mediation is where another person tries to help your parents come to an agreement. If they still can’t agree, they may go to court. When the court makes a decision about where a child will live, it is concerned with what is in your best interests.
Working out what is in your best interests can be hard. It doesn’t necessarily mean you will get what you want, although the court will take your choices into account.
As a general rule, the law says:
There is no rule about how old you have to be to choose who you want to live with. However, parents usually decide where young children are going to live.
If the court is deciding where you will live, the Judge will listen to your views. However, they will also consider a lot of other things and try to figure out what is best for you based on all the information they have.
If your parents go to court to sort things out, a temporary solution is made for where you live and who you see. You may talk to a counsellor or other professional about what you want and how you’re feeling about the situation.
You may meet lots of different people as your family goes through the court process. These can include a family consultant, social workers and medical professionals. There might be reports written about your family. If you have an opinion about where you would like to live or decisions affecting you, discuss this with these people.
The court might ask an independent children’s lawyer to look into your situation. The lawyer’s job is to work out what is in your best interests and tell that to the court. The lawyer may talk to you and other people in your life, like your teachers or doctor. They will listen to what you want and make sure the court knows this, but the lawyer or court may decide that what is best for you is different to what you want. You can ask the lawyer any questions you have about the court case.
Child abuse includes things like physical, sexual and emotional abuse. This can look like threats, insults, grabbing or restraining someone, physical contact that hurts or causes injury, sexual touching or intimidation. Neglect is where a child or young person does not have their basic needs met by their caregiver (like a parent). It can include regularly being left alone for long periods of time, not being given medical treatment when you need it, going without food or being ignored
It is really important that you feel safe at home. If something like this has happened to you or to another young person, it’s a good idea to tell someone you trust, like a teacher or a sport coach. You can call the police (131 444 or 000 if it is an emergency). You can also call the Kids Helpline on 1800 55 1800.
Some people—like doctors, nurses, teachers and police—must tell the Child Abuse Report Line if they think that a young person is being abused or neglected.
If you or your have any questions about what is happening or what might happen to your family, you can call the Legal Help Line on 1300 366 424.
Would you like more information, resources, or a free visit to your school, organisation or group?
Email: cle@lsc.sa.gov.au
To apply for legal aid online, visit: www.lsc.sa.gov.au
Call our free Legal Help Line: 1300 366 424
Acknowledgments:
The Legal Services Commission gratefully acknowledges the assistance of Victoria Legal Aid and the National Children and Youth Legal Centre in allowing the Legal Services Commission of South Australia to use and adapt existing content.
Disclaimer: The material in this factsheet is a general guide only. It is not legal advice. For legal advice about your own particular situation we encourage you to call the Free Legal Helpline on 1300 366 424. The legal information was correct at the time of publishing, however may change without notice.
January 2022
We embrace diversity and welcome all people, irrespective of culture, faith, sexual orientation and gender identity.
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Legal Services acknowledges Aboriginal people as the Traditional Owners and ongoing occupants of the lands and waters in South Australia and we respect their spiritual, cultural and heritage beliefs. We recognise their continuing connection to land, water and community and pay our deep respect to Elders past and present.
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