Can my child choose which parent they want to live with in Ontario?

A child cannot unilaterally decide where they live in Ontario, but their views and preferences are one important factor courts consider under the best interests test. The older and more mature the child, the more weight a judge will give their expressed wishes. A teenager with a clear, thoughtful reason for preferring one parent will carry significant influence; a six-year-old's preference is noted but given less weight.

Courts are also cautious about situations where a child's stated preference appears to stem from coaching or alienation by one parent. A judge may order a child to be interviewed by a social worker or assessor, or appoint the Office of the Children's Lawyer (OCL) to represent the child's interests directly.

There is no magic age at which a child's choice becomes legally binding. At 16 or 17, a teenager who simply refuses to follow an order is a practical reality, but the order itself remains valid until a court changes it. If your child is expressing strong preferences, speak with a lawyer about how to document and present that information appropriately.