At what age can a child choose which parent to live with in Nova Scotia?
This answer covers the law of Nova Scotia.
There is no set age in the Divorce Act's list of best-interests factors at which a child gets to choose which parent to live with. A child's views and preferences are one of the factors the court considers alongside many others.
When a court makes a parenting or contact order under the Divorce Act, it considers only the best interests of the child, with primary consideration to the child's physical, emotional and psychological safety, security and well-being. Other factors include the child's needs and stability, relationships with each parent, siblings and grandparents, the history of care, each parent's plans and ability to meet the child's needs, and any family violence. The court also gives effect to the principle that a child should have as much time with each spouse as is consistent with the child's best interests.
How much weight a child's wishes carry depends on the facts, so a parent or teenager should not assume a particular birthday changes the outcome. Parents should also be ready to show how they support the child's relationship with the other parent, which is another listed factor. A lawyer can explain how this applies to your family.
Key takeaways
- The Divorce Act's list of best-interests factors does not name an age at which a child decides where to live.
- A child's views and preferences are one factor, weighed alongside safety, stability, history of care and each parent's support of the child's relationship with the other.
- The court gives effect to the principle that a child should have as much time with each spouse as is consistent with the child's best interests.
- How much a child's wishes count depends on the family's facts, so a parent or teenager should get legal advice about their own situation.