Where Will The Children Live?

“My parents are going through a divorce. The social worker asked me to choose who I would prefer to live with…. I thought it would be better to live with mum……. but I’m terrified that dad will turn into an alcoholic if I decide this.”

These are the thoughts of a 14-year-old boy.

Who the child lives with after a divorce always creates tension and sometimes the parents don’t realise the emotional impact that this has on the child? Trying to reduce the tension and reach an agreement is ultimately our goal at Chiba Attorneys

Previously, women were recognised as the primary care givers for the child from birth, while the men worked and financially provided for the family thus in a divorce scenario the child resided with the mother. However now, Courts have started to recognise that the father may be equally able to fulfil the role of mother and vice versa. As mentioned before the main objective of the court is looking at the best interest of the child.


Can a child choose where he/ she would want to reside?

Our law recognises that children should be given an opportunity, if they are of an appropriate age, to voice their opinions, wishes and preferences on questions such as where they should live.

Factors that are considered when assessing a child’s competency to make a decision about where he/ she lives

Factors that the court looks at to decide which better for the child’s best interest