The short answer to the question is that there is no age at which a child can decide by themselves where they are going to live following a parents’ separation.
If the matter reaches Court, it will keep in mind what parenting arrangement is in the child’s best interests, and the child’s wishes are not the primary consideration. Rather, a Court will focus on the benefit to the child of having a meaningful relationship with both parents and, secondly, the child’s right to be protected from harm.
Will a Court assess and bear in mind a child’s wishes?
As a child matures, their views will carry more weight in a Court’s deliberations. There are processes by which a child’s wishes and views can be heard. Referral can be made to professionals who can meet with the children involved and discuss their relationships with both parents. Their recommendations can be used in reaching and formalising an agreement for the children’s living arrangements.
A child’s wishes are just one of many factors a Court will consider in determining what orders are in the child’s best interests. The greater the level of maturity, the less likely a Court will be to make orders contrary to their views but there is no fixed age when this might occur.
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