Does what my child wants matter?

Many clients ask: "Will the Judge speak to my child? Will the Court listen to my child's wishes?"

The answers to those questions depend on a number of factors, including your child's age and the context (case) in which the questions are being asked. For example, the wishes of a 4-year-old are generally not taken into acccount by a Court. The wishes of a 14-year-old might be, depending on the circumstances of the case and the child's ability to express themselves without the influence of others.

Contrary to a widely held layman's view, there is no "magic" age at which children decide where they will live; not until they are 18. The older the child, however, the more likely it is that a Court will, at least, take ther preferences into account, bearing in mind at all times that Courts retain the ultimate decision-making power over children and their best interests, until they reach the age of majority.