Can a child choose who to live with?

Parents often wonder at what age a child can legally decide where they want to live after separation. In England and Wales, there is no fixed age at which a child has the absolute right to choose. The law places the welfare of the child as the paramount consideration, and while the views of an older child will carry weight, the final decision rests with the court if there is a dispute.

Cafcass, the Children and Family Court Advisory and Support Service, plays an important role in these cases. If parents cannot agree and the matter goes to court, Cafcass officers may be asked to speak with the child and provide a report. The child’s wishes and feelings are considered in light of their age, maturity, and understanding. The court will also consider whether the child is being influenced or pressured by either parent.

The court looks at a wide range of factors set out in the welfare checklist, including the child’s physical, emotional, and educational needs, the effect of any change in circumstances, and the capability of each parent to meet those needs.

In many cases, parents are able to agree on living arrangements without involving the court. Where this is not possible, the child’s views are an important part of the process, but the judge will make the final decision based on the overall welfare of the child.

If you are dealing with disputes about where your child should live, it is vital to handle the situation carefully. Encouraging a child to choose one parent over the other can place them in a very difficult position. The law seeks to protect children from being caught in the middle of parental conflict.

In accordance to the child's age, the wishes will usually be respected if they are consistent, reasonable, and supported by evidence that living with that parent is in their best interests. For e.g. a 13 year old child's wishes and feelings will be given more weight than that of a 7 year old.

Our family law solicitors can guide you through these sensitive issues, represent your interests in court if necessary, and help you achieve an arrangement that prioritises your child’s wellbeing.