Can My Child Choose Which Parent They Want to Live With?
In both British Columbia and Alberta, a child’s preference can be an important factor in deciding which parent they live with and how often they visit the other parent. However, the weight given to the child’s preference depends largely on their age and maturity.
British Columbia’s Approach
Under section 37 of the Family Law Act (BC), the court may take into account the child’s views when determining custody and parenting arrangements. The judge will assess how mature the child is and whether they can make an informed decision about which parent they prefer to live with. For younger children, their preferences may carry less weight, while older children, especially teenagers, are more likely to have their views considered more heavily. However, even if a child expresses a preference, the court will always prioritize the best interests of the child above all else.
Alberta’s Approach
Similarly, in Alberta, under section 18 of the Family Law Act (AB), a child's views are also taken into account, but these are balanced against other factors that impact the child’s welfare. The court will look at the child’s emotional and psychological maturity to determine how much weight should be placed on their preference. While the child’s views can influence the decision, they are only one part of the broader analysis to determine what will serve the child’s stability and overall well-being.
Key Considerations in Both Provinces
While a child’s preference can certainly influence custody decisions in BC and Alberta, it is important to remember that it is only one factor among many.
Judges will consider additional elements such as:
- The relationship between the child and each parent.
- The child’s physical, emotional, and psychological needs.
- The ability of each parent to provide a stable and nurturing environment.
- Any history of family violence or neglect.
Ultimately, the courts in both provinces are guided by the principle of ensuring that the custody arrangement reflects the child’s best interests, even if it doesn’t align entirely with the child’s stated preference.
