The idea that, from the age of 12, ‘a child can choose which parent they want to live with’ is a widely held belief… but it is, in fact, incorrect!
Article 1004/1 of the Judicial Code provides that every minor has the right to be heard by a judge on matters concerning them relating to the exercise of parental responsibility, accommodation and the right to personal contact.
What does this mean in practice?
In proceedings concerning the child’s custody, if the child is over 12 years old, they will receive a form from the family court registry informing them of their right to be heard.
The child may, of course, refuse to be heard.
If they return the form indicating that they wish to be heard, the judge must conduct a hearing, unless the child has already been heard previously.
The child is then summoned and heard by the judge without their parents being present. At the hearing, the judge draws up a report of the interview setting out what the child has told them. The child’s parents and their legal advisers may subsequently review the record of this hearing. Some judges prefer the child to be interviewed by a psychologist. The psychologist will report back to them, and the parties may also review this report.
Does this mean the child makes the decision?
No. Indeed, Article 1004/1(6) of the Judicial Code expressly provides that being heard does not confer on the child the status of a party to the proceedings, and that their opinion will be taken into account in accordance with their age and level of maturity.
A child therefore gives their opinion, but never makes the final choice!
It is always the judge who has the difficult task of making this decision.
S-LAW specialises in family law, supports you throughout your proceedings and always places the child’s best interests at the heart of its priorities.
Please do not hesitate to contact us
