In Ontario, children do not have an absolute right to choose which parent to live with, regardless of age. Neither the Family Law Act nor the Divorce Act sets a specific age at which a child can make this decision on their own. Instead, courts and decision-makers consider the best interests of the child as the guiding principle.
The Child’s Views and Preferences
While a 12-year-old cannot make the final decision, their views and preferences carry significant weight—especially as they get older and demonstrate maturity. Judges often consider:
- The child’s age and level of maturity
- Whether the child’s choice is freely made (without pressure from either parent)
- How well the child understands the situation and consequences
To gather this information, courts may order a Views of the Child Report or involve the Office of the Children’s Lawyer (OCL) to ensure the child’s voice is heard in a neutral and balanced way.
Best Interests of the Child
Even if a child expresses a strong preference, the court’s decision will always hinge on what is in their best interests. This includes:
- Safety and well-being
- The child’s relationship with each parent
- Stability in education, community, and home life
- Any history of family violence or high conflict
No “Magic Age”
There is no “magic age” where a child can decide entirely on their own, but in practice, the older and more mature the child, the more likely the court will respect their wishes. For example, the opinion of a 16-year-old typically carries more influence than that of a 12-year-old, provided the request aligns with their best interests.