Legal Question in Family Law in

If a child who is going on 16 years old who lives with her mother who has custody and for which the ex-husband is paying child support says she can decide at 16 whether or not she wants to live with her dad? Can she just switch like that? Her dad refused to have her over for a weekend or/and even a sleepover up to now and I believe he feels that if she comes and stay with him, I will pay him child support? Can that happen?


Asked on 2/15/11, 4:21 am

1 Answer from Attorneys

Donald McLeod Donald R. McLeod Law Corp.

In British Columbia, the courts will rarely interfere with a child who, at age 16, decides she wants to live with the non-custodial parent. In court, an inquiry might be made to see if the child understands the ramifications of changing residence, and that the desire to change is not a display of immature anger by the child, that the desire to change is a considered and thought out decision, that there are valid reasons behind the desire to change residence (i.e. it is not just playing one parent against the other, for example), or that the change is nt brought about (for example) because the custodial parent imposes reasonable limits (such as curfew or a requirement to attend school) and the non-custodial parent will not impose such reasonable limits.

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Answered on 2/15/11, 2:31 pm


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