When parents separate, one of the hardest things to decide is where a child will live. A child cannot make that choice by themselves, but what they think and feel is still important, especially as they grow older and better understand their situation. The court’s main concern is always a child’s best interests, not just what a child says they want.
Family Law Act in British Columbia
In BC, Family Law Act outlines the rules comprehensively regarding parenting after separation. It says that decisions about where a child lives, how much time they spend with each parent, and who looks after them must always be based on what is the best interest for a child.
When deciding what is best for a child, the court consider at several things, including:
- A child’s health and feelings
- The relationship a child has with each parent and with other important people in their life
- Who has been taking care of a child and providing daily support
- What a child thinks and wants, if they are old enough to say
- Any past problems, such as conflict, neglect, or violence
This means the court listens to a child’s opinion, but it’s not the only thing that helps decide the outcome.
How Much Does a Child’s Opinion Matter?
A child’s age and maturity make a big difference in how much their opinion matters.
- Younger children (under about 10 years old) are usually seen as too young to make a meaningful decision about where to live. Their views can be listened to, but they don’t carry much legal weight.
- Children between 10 and 13 may be old enough to express their feelings clearly. Their views will be taken seriously if they can explain them in a thoughtful way.
- Teenagers (14 and older) often have strong opinions, and the court will usually give these opinions more weight. It is rare for a judge to order an older teenager to live somewhere they strongly do not want to. It only happens when there are serious safety concerns.
It is also important to understand why a child wants to live with one parent. If it is just because the parent has fewer rules or gives them more freedom, the court may not take it very seriously. But if a child feels safer, more cared for, or more settled with one parent, the court is more likely to consider that important.
How Does the Court Learn What a Child Wants?
The court has several ways to understand a child’s wishes without putting pressure on them:
- Views of a Child Report: A neutral expert, such as a counsellor or social worker, speaks to a child and writes a short report about what a child thinks and feels.
- Section 211 Report: A more detailed report that looks at a child’s needs, relationships, and living situation.
- Direct Interview with a Judge: In rare cases, the judge may speak directly with a child, though this is not common.
These methods help make sure a child’s voice is heard in a fair and safe way, without asking them to “choose” between their parents.
Conclusion
In British Columbia, while a child cannot legally decide which parent to live with, their wishes are a key factor considered by the court. Under the BC Family Law Act, all decisions about parenting and child custody are made based on what is best for a child. As a child gets older and more mature, their opinion matters more.
For guidance, fairness, and a safe way to include your child’s views, get help from a family law lawyer in Surrey, BC. If you need professional legal services, contact CityLaw Group for reliable services.
