Divorce is common in the United Kingdom. Statistics show that 42% of marriages in England and Wales end in divorce. In 2017, 102,007 couples divorced.
Of this number, 101,669 were opposite-sex couples and 338 were same-sex couples. With this in mind, at what age can a child decide where he wants to live or refuse to see a parent?
Before we answer those questions, let’s look at the effects of divorce.
Aside from tearing families apart, divorce can be a difficult time for kids who must choose where to live. When parents no longer live together, the child will often stay with the mother or father. Either of the two will have custody of the child.
Both the mother and father have parental responsibility for the child. However, this does not give either of them the automatic right to let the child live with them.
The parent with whom the child lives most of the time is called the resident parent, while the other parent is referred to as the non-resident parent. If the child spends equal time with both parents, like one week with the mother, and another week with the father, the parents have shared residence of the child.
If parents can agree on where the child lives and how often the non-resident parent can see the kid, there is no need to bring the matter to court. But this does not always happen, and divorce proceedings can get messy, especially when it comes to child custody.
How old does a child have to be to choose which parent to live with? Some children may tell their parents where they want to live, and the latter may feel that their kids are old enough to choose. It is commonly believed that children can decide where they want to live by the time they are 12. But the law says otherwise.
In the UK, children can’t choose who they want to live with until the age of 16. In some cases, this may extend to 17 or 18, unless this is specified by certain court orders. While parents can allow younger children to decide, this won’t have any bearing in court.
The weight given to the views of children in court proceedings depends to a great extent on the latter’s maturity and understanding.
Since the law focuses on the rights of parents to see their children, no fixed age determines where a child can refuse to see a parent.
Thus, parents should decide together when it comes to custody. If they don’t agree, the court will make this decision after taking into account the best interests of the child. In deciding, the court has a Welfare Checklist with the following criteria:
- How capable are the parents in meeting the child's needs?
- How does the child feel about living with the mother or father?
- How will living with one parent affect the child?
- What are the child's age, sex, and background?
- What is the kid’s physical, emotional, and educational needs?
- What harm will befall the child or has he suffered from either of the parents?
In assessing the child’s best interests, the court will look beyond the self-serving statements of the parents and try to find evidence of the child’s view to reaching a decision. It might even appoint an Independent Children’s Lawyer to protect kids from harm, neglect, and abuse.
The specialist lawyers of Deo Volente (DV) Solicitors in Bedford, UK, are knowledgeable and experienced with various matters concerning divorce. Be sure to consult us if you and your spouse don’t agree over children, finances, and property.
Our compassionate lawyers are sensitive to your needs and will guide you towards a fair settlement. Reach out to us today for your concerns and we will give you the right advice.
For more information, visit Best Solicitors & Lawyers in Bedford UK - DV Solicitors, call 01234 350 244, or email info@dvsolicitors.com.