Age Child Can Choose Parent To Live With Ontario. The child s preference in custody cases. There is no defined age in alberta or in british columbia at which children can choose where to live when their parents are separated.
And it is rare for a court to make a custody and access order about a child who is 16 years old or older. Generally a child cannot decide which parent they want to live with. It s important never to pressure or try to convince your child to live with you.
Only in rare cases would the clear preferences of a child this age be overridden by a judge.
In practice by the time a child reaches 16 or 17 years old courts take the preferences of children very seriously. And it is rare for a court to make a custody and access order about a child who is 16 years old or older. Technically the child cannot choose which parent they want to live with. There is no defined age in alberta or in british columbia at which children can choose where to live when their parents are separated.