Disclaimer: This article aims to provide educational information surrounding family law. It is not intended to serve as legal advice. Consult with a lawyer and exercise your discretion before taking action based on the information provided in the blog.
We get this question all the time. Many people have heard that a minor may make this decision at a specific age (typically 16 years old). However, is that what the law really says?
As with many family law challenges, it really depends on your child and your set of facts. That is why we recommend contacting us to meet with a lawyer from our team who can help you best understand your options.
In the meantime, let’s explore the legalities surrounding this question and understand how Ontario’s family legislation and courts view these situations.
When can a child decide who they want to live with?
In Ontario, a child cannot independently choose which parent to live with. Legally, children remain under the care of their parents until they are 18 years old (the age of majority).
However, the court considers the child’s preferences as part of the “best interests of the child” test. Simply put, while a child’s opinion has value, it is just one factor the court will consider when making decisions about responsibility and parenting time.
Generally speaking, as children grow older, they are better able to make clear and mature decisions about their preferences. Consequently, their opinions are given greater weight with age.
The family law principle of “the best interests of the child”
When it comes to decisions relating to decision-making responsibility and parenting time, the courts will consider the child’s best interests. Factors such as the child’s emotional needs, the parent’s ability to provide a stable environment, the child’s age and maturity, and the child’s relationship with each parent are carefully considered.
We spoke about different ways a child’s views and preferences can be communicated, such as through a Voice of the Child Report or by working with the Office of the Children’s Lawyer. These reports by a social worker provide recommendations. If a child is mature enough to express a well-reasoned preference and can articulate their reasons clearly, the court may take their views into account.
Section 24 of the Children’s Law Reform Act outlines the factors that the courts will consider, including:
- the child’s emotional and psychological needs,
- the stability of each parent’s home, and
- any other relevant circumstances.
For example, a 12-year-old who clearly explains they want to live with one parent due to a specific issue with the other parent might have their wishes considered more seriously. On the other hand, a child of the same age who is motivated by wanting fewer rules or more leniency is unlikely to be persuasive.
Expert Legal Advice for Your Separation or Divorce from Plat Simionati LLP
Going through a separation and divorce is difficult for each family member.
At Plat Simionati LLP, our family law professionals bring decades of experience to assist you with any family law matter. We understand the nuances of parenting arrangements and can provide informed, practical guidance.
Our team also offers mediation and collaborative law services, so you can resolve disputes without involving the courts. If you have questions about your legal rights or navigating parenting arrangements, reach out to our team today! Let us help you make informed decisions that align with your child’s best interests and move forward to your family’s next chapter.