When Can a Child Decide Which Parent to Live With in Alberta? - kolinsky Law
                     FAMILY LAW GUIDE
When Can a Child Decide 
Which Parent to Live With 
in Alberta?
Family separation raises a difficult question: when can a 
child decide which parent to live with? The answer is more 
nuanced than a specific age. Alberta law focuses on what 
arrangement best supports the child's overall wellbeing, 
considering maturity, circumstances, and family dynamics.
There Is No Fixed Age Under Alberta Law
A common misconception is that children can choose where 
to live at age 12 or 14. Alberta family law does not set a fixed No Magic Age
age when a child's preference becomes determinative. Courts Courts evaluate each case individually
assess each situation individually.
Whilst a teenager's views may carry more weight than a 
Age Matters
younger child's, age alone does not control the outcome. 
Judges avoid placing decision-making responsibility directly But it's not the only factor
on children, particularly when parental conflict is high.
LEGAL STANDARD
The "Best Interests of the Child" Standard
All parenting decisions in Alberta are guided by the principle of the "best interests of the child." This legal 
standard considers multiple factors, not just the child's preference.
Emotional Stability
Supporting mental health and wellbeing
Physical Care
Meeting basic needs and safety
Educational Needs
Supporting learning and development
Parental Support
Fostering relationships with both parents
How a Child's Views Are Considered
Rather than having children testify in court, judges 
rely on indirect methods to understand a child's 
perspective. These approaches reduce pressure on 
the child whilst ensuring their voice is heard 
appropriately.
• Views-of-the-child reports
• Input from psychologists
• Recommendations from parenting experts
• Developmentally appropriate assessments
The Role of Age and 
Maturity
Younger Children
Views carry less weight; focus on stability and routine
Adolescents
Consistent, well-reasoned preferences have greater influence
Court Examination
Judges assess whether preferences stem from 
genuine wellbeing concerns or external pressure
CRITICAL FACTOR
Parental Conduct Matters
Courts closely examine parental behaviour. Attempts to 
alienate a child or involve them in adult disputes can 
harm credibility and negatively affect custody outcomes.
Courts favour parents who demonstrate:
• Cooperation with the other parent
• Emotional support for the child
• Respect for both parental relationships
• Focus on the child's needs, not conflict
Changing Arrangements as Children Grow
Initial Arrangement Review Process
Court establishes parenting plan Arrangements may be reconsidered 
based on current circumstances with evidence of changed 
circumstances
1 2 3 4
Child Matures Court Approval
Preferences and needs evolve over time Changes require legal consideration 
to ensure best interests
Parenting arrangements are not necessarily permanent. A preference expressed by a 15-year-old may 
carry more practical weight than one expressed at age eight, particularly if supported by evidence of 
stability and consistency.
Why Legal Guidance Is Important
Protect Your Child Navigate the Law Achieve Stability
Keep focus on wellbeing, not conflict Understand how courts assess Secure sustainable, child-
preferences focused outcomes
Disputes involving a child's preferences can escalate quickly and cause lasting emotional harm if not managed 
carefully. Professional guidance helps keep responsibility on adults and courts, protecting children from the 
burden of choosing sides.
ABOUT OUR TEAM
Edmonton's Top Child Custody Lawyer
David Kolinsky
Founder of Kolinsky Law
David Kolinsky is a dedicated advocate for families 
navigating child custody and parenting disputes in Alberta. 
With a deep understanding of the "best interests of the child" 
standard, David offers strategic and compassionate legal 
guidance.
He helps parents develop realistic approaches, protects 
children from conflict, and works tirelessly to achieve stable 
arrangements that support healthy child development.
Get Expert Guidance Today
Call Us
+1 (780)-757-6400
Email
[email protected]
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https://kolinsky.ca/when-can-a-child-decide-which-parent-to-live-with-in-alberta/
At Kolinsky Law, we provide clear legal advice and strong representation to help you navigate 
custody matters. We assess your case strengths, present your child's circumstances effectively, 
negotiate agreements, and ensure the process focuses on well-being—not conflict.
You don't have to navigate this alone. Contact us today for a confidential discussion about 
your child custody matter.