When parents separate, one of the most common questions is: can the family court make decisions about teenagers?
In England and Wales, the family court places significant weight on a teenager’s wishes and feelings, especially as they grow older and more independent. This means decisions about living arrangements and contact with parents often become more complex during the teenage years.
Do Courts Listen to Teenagers?
Yes – and increasingly so as children mature.
Judges recognise that teenagers are better able to form their own views about where they want to live and how much time they spend with each parent. As a result, the court is often reluctant to impose arrangements that go against a teenager’s wishes, particularly from around the age of 14.
In practice, this means:
- Teenagers have a stronger voice in court decisions.
- Their preferences can significantly influence outcomes.
- Enforcing arrangements against their will can be difficult.
Child Arrangements Orders: How Long Do They Last?
Under the Children Act 1989, a child arrangements order governs:
- With which parent a child lives.
- When they spend time with a parent
The duration of these orders depends on the circumstances:
- Time spent with a parent: usually ends when the child turns 16.
- Where the child lives: typically continues until 18.
Can Orders Be Extended Beyond Age 16?
For young people aged 16 and 17, the court can still:
- Vary an existing order relating to with which parent they live.
- Most orders will naturally come to an end when the child reaches 18 years old.
Can the Court Make New Orders for Teenagers Over 16?
This is a key question for many parents.
The answer is yes – but only in limited and exceptional circumstances.
The court is unlikely to create new orders for older teenagers unless there are serious concerns, such as:
- Significant welfare issues
- Learning disabilities
- Situations requiring additional protection or support
These cases are rare, but they allow the court to continue safeguarding a young person when necessary.
Key Takeaways for Parents
- Teenagers have a strong influence over court decisions
- Courts prioritise welfare and best interests, while recognising independence
- Orders generally become harder to enforce as children get older
- New orders after 16 are uncommon and require exceptional circumstances
The Family Court’s primary focus will always remain the welfare and best interests of the child, while balancing the realities of teenage independence and family life.
As children move into their teenage years, their voices matter more than ever – and the court reflects that shift in how decisions are made.
For expert legal advice, contact us at office@citmchambers.co.uk or call us on 0117 214 1797.