In Canada, there is no specific age at which a child automatically gets to choose which parent to live with after a separation or divorce. In Ontario, a child’s wishes are considered when determining parenting arrangements, but their preferences do not necessarily determine the outcome.
Under Canada’s Divorce Act and Ontario’s Children’s Law Reform Act, parenting decisions must be based on the best interests of the child. Courts consider several factors, including the child’s age, maturity, relationships with each parent, and overall well-being.
As children grow older, their preferences may carry greater weight. However, the final decision must reflect what is in their best interests.
Can a 12-Year-Old Decide Which Parent to Live With in Ontario?
No. There is a common misconception that children can choose which parent to live with once they turn 12.
Although a 12-year-old’s preferences may be considered, there is no legal rule in Ontario giving children this decision-making authority at age 12.
Courts consider whether a child is mature enough to express an informed preference and whether that preference is consistent with their best interests. The Department of Justice Canada confirms that there is no specific age, such as 12 or 14, when a child automatically gains the right to decide which parent to live with.
Can a 16-Year-Old Choose Where to Live in Ontario?
Ontario law recognizes additional independence for teenagers aged 16 and older.
Under section 65 of the Children’s Law Reform Act, a child aged 16 or older has the right to withdraw from parental control.
This is different from simply choosing which parent to live with following a separation or divorce. The legal implications can depend on the circumstances, including whether existing parenting orders are in place.
Parents experiencing disagreements about a teenager’s living arrangements may benefit from speaking with an Ontario child custody lawyer to better understand their rights and obligations.
How Do Ontario Courts Consider a Child’s Living Preferences?
Ontario courts consider a child’s views and preferences as part of the broader best interests analysis.
According to section 16(3) of the Divorce Act, relevant considerations include the child’s age and maturity, their need for stability, their relationships with family members, and their physical, emotional, and psychological safety.
A child’s stated preference may receive greater weight as they become older and more mature. However, a judge is not required to follow that preference if another arrangement better serves the child’s interests.
For more information, read our article on whether a child can choose which parent to live with after separation or divorce.
Can a Child Refuse to Visit a Parent in Ontario?
A child’s refusal to spend time with a parent does not automatically cancel an existing parenting order.
Parents are generally expected to comply with court-ordered parenting arrangements unless those arrangements are legally changed. However, a child’s reasons for refusing parenting time may be relevant, particularly if there are concerns involving safety, family conflict, or emotional well-being.
Depending on the circumstances, a parent may need to seek a change to an existing order. Learn more about modifying parenting orders in Ontario.
How Can a Child’s Wishes Be Heard During a Parenting Dispute?
Children do not necessarily need to testify in court for their preferences to be considered.
Depending on the circumstances, their views may be communicated through a Voice of the Child Report, a parenting assessment, or the involvement of the Office of the Children’s Lawyer.
These processes can help provide insight into the child’s wishes without placing unnecessary pressure on them to choose between their parents.
The Department of Justice Canada outlines several ways children’s perspectives can be included in parenting decisions.
Speak With a Toronto Child Custody Lawyer
Disagreements about where a child should live can be challenging, particularly when the child’s preferences differ from an existing parenting arrangement.
At Gelman & Associates, our experienced Toronto child custody lawyers assist parents with parenting time, decision-making responsibility, and disputes involving children’s living arrangements.
If you have questions about your child’s wishes or your parenting rights, contact Gelman & Associates at 1-844-736-0200 to book a consultation.
