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Divorce Guide |
At what age can a child decide about residence?A common question asked from divorce lawyers is at what age a child can decide about Residence. This issue is commonly faced by parents and children post divorce. When couples with children get divorced the court makes some important decisions related to the child. The court assesses the best interest of the child and takes decisions regarding his home, finances, contact with the non custodial parent, and so on. In UK, the child has to be provided financially and emotionally till he is 18 years of age. In special cases where the child is incapable or still dependant, the court can designate the parents to care for the child beyond 18. Residence Order is an Order issued by the court that decides where the child will live until he or she is 18. The parent who gets the Residence Order becomes the custodial parent of the child by default. The child has to stay with the custodial parent as directed the court. However, in many cases the child might like to change his residence due to some reason. The question is at what age a child can decide about his residence. Stella was staying with her mother alone since she was 3 years old. When Stella turned 12 her mother remarried and had kids subsequently. For past one year Stella felt that her step father did not like her. Stella’s mother was also pre-occupied with the younger kids. Stella felt out of place and isolated. She wanted to go back to her father. But Stella’s mother was against this and would never let her go. In such circumstances Stella wanted to know whether she was old enough to decide about her Residence. The fact is that if the child is matured and old enough to take care of himself the court can grant the right to choose the residence. However, no such request is granted only at the parent’s request. The child is called to the court and the judge tries to understand his or her perspective in totality. Court cannot allow the child to choose his residence merely because the child is expressing such desire. The court has to take many factors in consideration, for example:
The issue of compelling desire to choose Residence is seen more frequently among teenage children. Thus before taking the final decision the court definitely considers the decision of the child but need not grant the permission due to a single factor. However, in cases of younger or grown up children greater weight is given to their desire and wishes. Thus if you are questioning that at what age the child can decide about his residence, there is no fixed age. But if the children are adolescent or teenaged then they are surely heard and considered by the court.
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Divorce and Children Divorce in AustraliaDivorce Guide
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