Can a 13-year-old decide to live with his father or mother in case of divorce?

SMS Conversation

- How's your parents' divorce going?

- Not great...

- My brother doesn't want to live with my father

- Ah yes, anyway!

- Yeah...

- My father is super angry but my brother is 13 years old so it's him who decides

Can a 13-year-old decide to live with his father or mother in case of divorce?

1. No, in the event of divorce or separation, the child cannot choose to live with his or her father or mother.
2. Up until the age of 18, it is the parents who decide or the judge if the parents cannot agree.
3. However, in the event of divorce or separation of his parents, if a judge is seised, the child may ask to be heard. He must write a letter to the judge to be heard or one of his parents can make the request for him. If the judge feels that the child is mature enough, he or she may hear the child or have the child heard by a professional. At this hearing, the child may be accompanied by a person of his or her choice or by his or her lawyer.
4. The judge's decision does not always follow the child's wishes, but he must take them into account and explain his choice. In all cases, the judge must decide in the best interests of the child.

For more information, see:

Separation of parents: residence of the child

- Divorce, separation: can a child be heard by the judge?