Insights
May 8, 2026

Can a child choose where they live?

Myth or fact? Children can choose where they live.

Can a child choose where they live? 

There is no one answer. The law can definitely take into account the views of a child in working out their best interests however a lot will depend on that child’s age, maturity and development level, and whether their views have been influenced. 

The views of a 13 or 14 year old are likely to be given more weight than the views of a 4 or 6 year old however the law will also consider the child’s lived experiences, irrespective of age. 

Ultimately, while the Court may listen to a child's preference, this and a number of other factors may also be considered by the Court in working out a child's best interests.

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