In Newfoundland and Labrador, there is no magic age where a child has the absolute right to decide which parent they will live with. However, judges place significant weight on the “voice of the child” once they reach their early teens (usually 12 to 14 years old), provided the choice aligns with their best interests.
One of the most common myths in family law is that once a child turns 12 or 14, they can simply pack their bags and legally choose which parent to live with. In reality, Canadian family law does not define a specific age of consent for parenting arrangements. The courts operate under one guiding principle: the “best interests of the child.”
As children mature, their opinions, wishes, and feelings become increasingly important. Courts in Newfoundland and Labrador understand that forcing a 15-year-old to adhere to a schedule they strongly oppose is often impractical. This guide explains how the legal system evaluates a child’s preferences and how you can ensure their voice is heard respectfully and legally during a separation.
Step-by-Step Process in Newfoundland and Labrador
If you and your former partner cannot agree on a parenting schedule, the matter will likely go before the Supreme Court of Newfoundland and Labrador. Here is how the court formally gathers and assesses a child’s preferences.
Step 1: Assessing the Child’s Maturity and Independence
📍 The judge will first consider the child’s age and level of maturity. A preference expressed by a mature 14-year-old will carry much more weight than a preference expressed by an 8-year-old. The court will also look for signs of parental alienation-making sure the child’s opinion is genuinely their own and not a result of one parent manipulating or coaching them against the other.
Step 2: Requesting a Voice of the Child Report
Children rarely testify in a courtroom, as this is considered highly traumatic. Instead, courts often order a “Voice of the Child Report” or an assessment by a family justice professional. A trained social worker, psychologist, or legal professional will meet with the child in a neutral setting to gently interview them about their life, their relationships with both parents, and their preferred living arrangements.
Step 3: The Judge Makes a Final Determination
Once the expert report is submitted, the judge will review it alongside all other evidence. The child’s wish is treated as an important piece of the puzzle, but it is not the only piece. If a 15-year-old wants to live with Parent A because Parent A has no rules, no curfew, and does not enforce homework, the judge may rule that living with Parent B is still in the child’s best interests despite the child’s protests.
| Age Group | How the Court Views Their Preference | Influence on the Final Order |
|---|---|---|
| Under 8 Years Old | Considered, but viewed as easily influenced | Very Low |
| 9 to 12 Years Old | Evaluated carefully for maturity and reasoning | Moderate |
| 13 to 15 Years Old | Strongly considered, hard to enforce contrary orders | High |
| 16+ Years Old | Teenagers often “vote with their feet” | Very High |
How Much Does it Cost in Newfoundland and Labrador?
💰 Ensuring a child’s voice is legally documented can add significant costs to a family law case.
- Voice of the Child Report: Having a private professional draft this specialized report usually costs between $1,500 and $3,500 CAD.
- Court Applications: Filing the initial application for decision-making responsibility or a change to an existing order costs around $100 to $150 CAD.
- Lawyer Fees: If the dispute goes to a full trial, lawyer fees can easily exceed $10,000 CAD per parent. Some parents use Legal Aid if they qualify financially.
How Long Does the Process Take?
Gathering evidence of a child’s preferences is not immediate. Ordering and completing a Voice of the Child assessment or a full psychological evaluation typically takes 3 to 6 months, depending on the availability of local experts in Newfoundland and Labrador. The entire court process can take a year or longer if deeply contested.
Frequently Asked Questions (FAQ)
Can a 16-year-old legally leave home in Newfoundland and Labrador?
While the age of majority is 18, under provincial law, a 16-year-old who voluntarily withdraws from parental control can generally choose where they want to live, and police will rarely force them to return home unless they are in danger.
Will the judge speak to my child privately?
It is incredibly rare for a judge to speak directly with a child in their chambers. Judges prefer to rely on sworn reports from child psychologists or social workers to protect the child from the stress of the legal process.
What happens if my teenager simply refuses to go to the other parent’s house?
Courts recognize that parents cannot physically force an older teenager into a car. However, you are legally required to encourage the visit. If you are found to be actively discouraging the relationship, you could be held in contempt of court.
Do we still pay child support if the child chooses to live with me?
If the living arrangement shifts so that the child resides primarily with you (more than 60% of the time), you would typically be entitled to receive child support from the other parent based on the federal guidelines.
Can brothers and sisters choose to live with different parents?
Yes, this is called a “split parenting” arrangement. While courts generally prefer to keep siblings together, they will authorize a split if the older children express clear, mature preferences to live in different households.
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