Can a miner choose to live with his father or mother?

The law provides that parents shall involve the child in decisions affecting him or her, according to his or her age and degree of maturity. In the event of separation, each parent must fulfill his or her role by being present with the child and respecting the child's relationship with the other parent. The child can express his opinion (if he prefers to live in one of them or if he refuses to go to the other, for example) but it is the parents who decide together on the terms of custody (residence with the father or mother or alternating custody) and who have this agreement approved by the family court judge.

If there is no agreement, the judge decides where the child will live, based on his or her best interests.

Here again, the child capable of discernment has the right to be heard. The judge takes account of past agreements, but he cannot delegate his powers to the parents or the child, even close to the majority. The judge may not make access and accommodation subject to the child's wishes or provide for a right that the child would freely exercise.

The judge takes the child's opinion into account when deciding where to live. The older and more mature a child is, the more important his or her opinion is, but he or she is never obliged to follow that advice. Only prevails

the best interests of the child

.