Is there a certain age when children can choose which parent to live with?
No. However, the wishes and concerns of the child is one of the statutory factors which the Court must take into consideration in determining what is in the child’s best interest. The principle test the Court applies is whether the child has sufficient reasoning ability to convey his or her wishes and concerns. Please note, however, that it is only one factor out of many, and children should not be given the impression that it is going to be up to them to decide which parent they want to live with, regardless of the age of the child. If at all possible, children should not be made to feel as if they have to choose between their mother and their father.
