At what age can a child choose which parent to live with?

Following the breakdown of a relationship, the court may need to decide which parent a child will live with and when. In some matters, the court decides that a child should live with both parents and this may be on an equal shared basis or it may not, depending on the circumstances.

If you and your child’s other parent cannot agree on where your child should live, the next step is usually to consider mediation. The courts prefer that couples resolve matters between themselves wherever possible.

How do the courts decide on child arrangements?

The court will ask the Children and Family Court Advisory and Support Service (Cafcass) to make recommendations to assist the court when making a child arrangements order. Cafcass will speak with both parents to assess their views, review information from the child’s nursery/school and if appropriate, speak with the child. A Section 7 report is usually prepared for the court setting out what Cafcass recommends is best for the child.

The court makes decisions it considers to be in the best interests of the child. Its decision will be made after considering the criteria contained in the welfare checklist, which is set out in Section 1 of the Children Act 1989. These are as follows:

• The child’s wishes and feelings, in the light of their age and understanding
• Their physical, emotional and educational needs
• The likely effects of any change in circumstances
• The child’s age, sex, background and any other relevant characteristics
• Any harm the child has suffered or is at risk of suffering
• How capable each parent, and any other relevant person, is of meeting the child’s needs
• The range of powers the court has to make an order

What age can a child choose which parent to live with?

As set out above, a child’s wishes and feelings are not the only factor to court will take into account when making a child arrangements order. However the court will give more weight to a child’s wishes and feelings the older they are and the more capable they are of understanding the implications of their choices.

The older a child is the harder it can become for parents to comply with orders that are not aligned with their child’s wishes and feelings. This too is taken into account and it may be the court decides that no order should be made.

If a child is reluctant to spend time with the other parent, the parent with whom they are living should try to encourage and insist they do so where possible, provided there are no welfare concerns, as the court generally considers a relationship with both parents is in a child’s best interests.

Contact us for further information or advice.

Speak to Lydia Murray

Lydia is a Solicitor at Wollens and can advise you. Contact Lydia via email Lydia.Murray@wollens.co.uk or call 01392 301097.

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