Legal Question in Family Law in Canada

age/ decision

What age does the child have to be before he decides where he wants to live?


Asked on 8/14/08, 8:10 pm

1 Answer from Attorneys

Donald McLeod Donald R. McLeod Law Corp.

Re: age/ decision

If you sre speaking of a choice between one parent or the other, then in British Columbia when the child is old enough to state a preference and to be able to state logically the reasons for the choice and avoid acting out of impulse or annoyance at one or the other parent, and it is clear that the child is not playing pne parent off against the other, the child is usually considered old enough by the Courts - this usually occurs around age 12.

If you are speaking of the child living on his or her own - i.e. moving away from home althogether, then strictly speaking the child may not become independent until age 19, but as a child has a right to be a participant - that is actually a party to the proceedings, with a right to be given notice of all hearings, have his or her own lawyer, and fully participate in family proceedings in Court at age 16 - then in practical terms the child can usually make a decision to live on his or her own at age 16, and while the Court can order otherwise, it almost never does.

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Answered on 8/15/08, 11:27 pm


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