Can a Child Choose Which Parent to Live With in New Brunswick?
Can a Child Choose Which Parent to Live With in New Brunswick?
The short answer: no, there is no age at which a New Brunswick child gets to decide which parent to live with. But a child's views are a factor the court considers — and for older, more mature children, those views carry significant weight.
Here's how it actually works.
No Magic Age
Unlike what many parents believe, there is no age threshold — not 12, not 14, not 16 — at which a child gains the legal right to choose their living arrangement. Under Section 50(2)(b) of the Family Law Act, the court considers "the child's views and preferences" as one factor among many in the best-interests analysis, with the weight determined by the child's age, maturity, and ability to understand the decision.
A thoughtful 10-year-old's clearly articulated preference may carry more weight than a 15-year-old who is parroting one parent's grievances or trying to avoid household rules. Courts look at whether the child's preference reflects genuine developmental reasoning or external pressure.
How Courts Hear Children's Views
New Brunswick courts rarely allow children to testify directly. The adversarial courtroom environment creates loyalty conflicts and emotional distress that judges actively try to avoid. Instead, the court uses several mechanisms:
Voice of the Child (VOC) Reports
The most common method. A trained assessor — typically a social worker or psychologist — meets with the child in a neutral setting, interviews them about their daily life, preferences, and relationships with each parent, and produces a written report for the court.
VOC reports in New Brunswick typically cost between C$1,750 and C$1,800. The cost is usually shared between parents proportional to their incomes, or one parent may be ordered to pay.
The C-OESP Subsidy
The Children's Ombudsman and Examiner Service Program (C-OESP) may subsidize VOC report costs for families who qualify financially. If cost is a barrier, ask about eligibility through Legal Aid NB or the Family Law Information Centre.
Section 112 Assessments
In more complex cases, the court may order a full custody and access assessment (now called a parenting assessment) under the Family Law Act. These are more comprehensive than VOC reports, involving interviews with both parents, the children, and sometimes teachers, doctors, or other significant adults. These assessments are more expensive and take longer to complete.
What Courts Watch For
Judges are trained to distinguish between a child's genuine preferences and preferences that have been influenced by a parent. Warning signs include:
- A child using adult legal language they wouldn't naturally know
- Views that perfectly align with one parent's position on every issue
- Sudden, dramatic shifts in preference coinciding with one parent's court filings
- A child expressing hatred or fear toward a parent without proportionate cause
Courts also consider whether a child's preference is based on developmental reasoning ("I want to stay near my school and friends") versus avoidance ("Dad lets me stay up late and doesn't make me do homework").
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Age-Based Considerations in Practice
While there's no legal threshold, NB courts do treat children's views differently by age range:
Under 7: The child's views are rarely given significant weight. At this age, children are highly susceptible to influence from either parent and don't have the cognitive capacity to understand the long-term implications of living arrangements. Courts focus on the child's attachment patterns and developmental needs.
Ages 7-12: The child's views begin to carry more weight, particularly when they can articulate reasons beyond "I want to" or "because." A 10-year-old who says "I want to stay near my school and my hockey team" is expressing a preference grounded in their own social world. Courts listen, but this age group is still considered vulnerable to parental influence.
Ages 13-16: Courts give substantial weight to the preferences of teenagers who demonstrate mature reasoning. A 15-year-old's clearly articulated preference about living arrangements is difficult for a court to override — forcing an unwilling teenager into a living situation they actively resist is rarely practical or in their interests.
16 and older: While technically subject to parenting orders until 18 (or 19 for child support purposes), courts recognize that older teenagers exercise significant autonomy. Enforcement of parenting time against a 17-year-old's wishes is virtually impossible.
The Practical Takeaway
Your child's views matter, but they're one factor in a multi-factor analysis. If you believe your child has a genuine preference that should be heard, request a VOC report through your lawyer or directly from the court. Don't coach your child or put them in the middle of the dispute — courts take a dim view of parents who instrumentalize children's preferences.
The New Brunswick Child Custody & Parenting Plan Guide covers the best-interests factors that courts weigh, including how children's preferences interact with other considerations like caregiving history, stability, and the friendly parent factor.
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