A child’s preferences may be considered however the court would look at many other factors to determine what is in the best interest of the child.

The court would also take the child’s opinion into consideration based upon the child’s age and level of maturity. Usually, children are kept out of custody battles and are rarely required to testify in court as this may put the child in a precarious situation of choosing one parent over the other.

In situations where the court wants to hear the child’s preferences, the court would request that a social enquiry report be done or request that a child professional such as a therapist sit down and interview the child to elicit the preferences of the child.

As part of the social enquiry report, the court may order that an investigation into the background and home condition of the parents in respect of the custody of the child. The home of the child may be visited, and the children and parents may be interviewed. The court has the discretion to accept or reject the recommendations of the social enquiry report or the opinion of any other child professional.

A child may have a say, but it is not the deciding factor. The court would take many factors into consideration before awarding custody to a parent.