In Queensland, kids at the center of a custody battle can finally tell who they want to live with.
It is part of a staggering new proposal that an independent body believes will focus more on protecting children from harm.
"it is important to give children an opportunity to participate meaningfully throughout the proceedings in a culturally safe and age-appropriate manner," the Queensland Family and Children Commission (Queensland Family and Child Commission) told 9NEWS in a statement. "it is important to give children an opportunity to participate meaningfully in the process of litigation in an innovative, culturally safe and age-appropriate manner."
The submission, made as part of a national review of Australian family law, is seen as the biggest change in four decades.
"No matter how old the kids are, they know how they feel," said Hai Di Johnston (Hetty Johnston), founder of Bravehearts.
"in any case, we need to listen to children and they must be the primary factor in the next decision."
At present, in custody cases, the judge will make what he / she thinks is in the interests of the child, but will not meet with the child.
However, the committee hopes that judges will do so, believing that it will provide "a more inclusive process of participation so that children can express their views".
"I believe the best days for children to automatically think that both parents have 50 percent custody are over," Kate Jones (Kate Jones), director of government in Queensland, said on Friday.
But day-to-day family lawyers don't see it as the best option.
Michael Lynch Family Lawyers's Amy (Amy Honan) says parents can win over their children by buying them what they want and even bribing them.
"they may be at an age when they find it more exciting to have iPad in one home than to follow a lot of discipline in the other. So they are unlikely to make the best judgment about what is in their best interests. " She said.
The judge's direct conversation with the child is not necessarily the best way to measure family conditions, Mr. Huonan said.
"if it's a person with the right qualifications as a social worker or psychologist (that's okay), But our judges may come from a legal background-we do need experts with these qualifications to determine if there are background factors like bribery of children. " She said.
To date, 28 submissions have been submitted to the national review team.
The federal attorney general is expected to submit a review report in March 2019.