Can a child choose which parent to live with in Quebec?
A child in Québec cannot unilaterally choose which parent to live with. Under articles 33 and 34 C.c.Q. and section 16(3) of the Divorce Act, custody is determined according to the best interests of the child, taking into account age, maturity, and emotional well-being. The child’s wishes are a key factor, gaining weight as the child matures—often decisive around age 12—unless influenced by pressure, alienation, or circumstances contrary to the child’s welfare. Courts may request psychosocial or psychological evaluations to assess the child’s discernment.
C.c.Q. art. 33–34; Divorce Act s. 16(3); Droit de la famille – 152152 (C.A., 2015); Droit de la famille – 221534 (C.S., 2022)