Can a Child Choose Which Parent to Live With in Newfoundland and Labrador?

The short answer: no. There is no age in Newfoundland and Labrador — or anywhere in Canada — where a child gets to make a binding decision about which parent they live with. But a child's views do matter, and how much weight they carry depends on age, maturity, and how those views are expressed.

The Legal Framework

Both the federal Divorce Act and the provincial Children's Law Act require courts to consider "the child's views and preferences" as one factor in determining the best interests of the child. The key qualifier: the court gives these views weight based on the child's age and level of maturity.

This means:

• A 6-year-old's stated preference is noted but carries minimal weight
• A 12-year-old's thoughtful, consistent views carry more weight
• A 16-year-old's clear preference is given substantial weight — though it's still not determinative

No magic number flips a switch. A mature 11-year-old's views might carry more weight than a 14-year-old who is parroting one parent's talking points.

How Courts Hear the Child's Views

Newfoundland and Labrador courts use several methods to understand what a child wants without putting them on a witness stand or forcing them to choose between parents publicly:

Voice of the Child Report. A trained professional (social worker or psychologist) meets with the child privately and prepares a written report for the court. The report captures the child's views, their understanding of the situation, and whether those views appear to be genuinely their own or influenced by a parent. This is the most common method in the province.

Custody evaluation. In complex or high-conflict cases, the court may order a full assessment by a psychologist or social worker. This is more comprehensive than a Voice of the Child Report — it evaluates both parents' capacity, the home environment, and the child's attachment to each parent.

Judicial interview. In rare cases, a judge may speak with the child directly — usually older teenagers — but this is uncommon in Newfoundland and Labrador practice.

What Courts Are Really Looking For

When a court considers a child's preference, the judge is evaluating several things beyond the stated wish:

Is the preference genuine? Courts are alert to parental coaching. If a child's stated preference aligns perfectly with one parent's legal position and uses adult-like language ("I want to be with Mom because she provides a more stable environment"), that raises flags.

Does the child understand the implications? Wanting to live with one parent because they have a bigger TV or fewer rules is different from preferring one parent's home because it's closer to school and friends.

Is the child being pressured? A child who feels responsible for a parent's emotional well-being — or who has been told the other parent doesn't want them — may express a preference out of guilt or loyalty rather than genuine desire.

Are there safety concerns driving the preference? A child who doesn't want to see one parent because of fear or past experience is communicating something the court takes very seriously, regardless of age.

What Parents Should Do

If your child has expressed a preference about where they want to live:

Don't use it as a weapon. Telling the court "my child wants to live with me" without proper documentation carries little weight and can backfire if the judge suspects coaching.

Don't ask the child to choose. Putting children in the middle of parental disputes causes documented psychological harm. Let the professionals handle it through a Voice of the Child Report.

Request a Voice of the Child Report if appropriate. If your child is old enough to have meaningful views and those views haven't been formally captured, ask the court or your FJS mediator to arrange one.

Focus on the full best-interests analysis. A child's preference is one factor among many. The court also considers stability, each parent's ability to cooperate, historical caregiving, and safety. Build your case across all factors, not just your child's stated wishes.

The Newfoundland and Labrador Custody and Parenting Plan Guide explains how every best-interests factor is weighted in provincial courts and helps you prepare age-appropriate parenting proposals that account for your child's developmental needs.

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