After you have divorced or separated, deciding where a child should live is a pressing, and often sensitive, matter for families.
A question that often crops up is at what age a child can decide who they want to live with.
In the UK, there is no fixed legal age at which a child can make this decision on their own.
The views of the child are taken into account, and it can help parents to have an understanding of how the law works in relation to this process.
In this article, we put the spotlight on this issue, including at what age a child is considered capable of deciding, and how a court decides what’s best for the child.
What age can a child decide which parent to live with?
The key takeaway here is that there is no specific legal age at which a child can decide which parent they want to live with.
UK family law determines that decisions about a child’s living arrangements are based not only on a child’s wishes, but also on what is in their best interests.
The wishes of younger children from toddlers to primary-aged children and early teens – will be taken into account by the court. But these preferences are always considered alongside other factors that affect their well-being.
To summarise, the court’s primary concern is the child’s welfare.
How does the court decide what is in a child’s best interests?
In England and Wales, the welfare principle is applied by courts. The welfare principle refers to the basis that the child’s best interests are the highest priority of the court when it comes to making a decision about a child’s living arrangements following a divorce or separation.
The court will take a range of considerations into account. They will look at factors that contribute to a stable and supportive environment for the child. These include:
Physical needs
The chosen living arrangement should provide safety and stability for the child. The parent must be able to meet basic needs such as food and clothing, as well as provide a healthy environment.
Emotional needs
The court will take into account emotional security, such as the quality of each parent’s relationship with the child, and support systems that can be provided by extended family and the local community.
Educational needs
How stable would a child’s schooling be? Proximity to their current school and the consequences of a move on academic performance will be looked at, as well as the impact on extracurricular activities.
How much weight is given to a child’s wishes?
Coming back to the child’s preference, just how much weight can be given to a person who isn’t yet an adult? This will vary according to age and maturity.
The child’s views will be listened to by the court, and they won’t only consider the child’s preference, but also the reasons why they prefer one parent over the other. The child may be asked questions to ascertain whether they understand the implications of their preference, and whether external influences are affecting their preference.
The age and maturity of children affect the weight of their views as follows:
Here’s how age and maturity influence the weight given:
Younger children (8–10)
Young children at this age may be able to express simple preferences, but they are typically given limited weight by the court. That’s because their decision-making capability and understanding are still developing.
Older children (10–13)
At this age, children’s views are usually clearer and more thoughtful, but they still may not be mindful of practical aspects or the future impact of their decisions.
As such, the court will take their wishes more seriously than those of younger children, but their preference won’t be the only factor.
Teenagers (14-15)
Young teenagers’ preferences usually carry greater weight than those of younger children. They would normally be able to demonstrate more maturity and logical reasoning. A 14 year-old may explain clearly why living with one parent suits them, but that doesn’t mean that their preference will be decisive.
Children aged 16 and 17 may apply to the court for a Child Arrangements Order independently, but even at this age their preference doesn’t necessarily decide the outcome.
If you live in North Wales and have recently separated or divorced, consider seeking advice from solicitors Anglesey- and Bangor-located such as Bennett Smith. Our family law solicitors can help you to understand how the court weighs up the various factors related to your child’s wellbeing and happiness.
