When can a child decide where they live?
We regularly get asked by clients when their child can decide where they will live and who they will live with. There is no set age at which the Court will allow children to make this decision. The Court’s paramount consideration when deciding where a child should live is based on the child’s best interests. There are many factors that the Court needs to consider to determine what the best interests of the child are. The Court’s primary considerations are that the child have the benefit of a meaningful relationship with both of the child’s parents and the need to protection the child from physical or psychological harm. The Court also has additional considerations when determining what is in the best interest of the child. Some examples include: each parent’s ability to look after the child’s needs, the attitude of each parent, the effect of any change in circumstances may have on the child, the relationship the child has with each parent, and so on. These considerations will be weighe...