How old does a child have to be to decide which parent she lives with in WA?

Question

My daughter is 11 years old and is in an unstable living situation with her father. She would like to move here but he says no when asked. Before I bring it to an attorney does anyone know how old she has to be to decide where she lives? We live about 5 hours from each other.

Answer 1

It's my understanding that it's up to the parents and/or judge who a child lives with until they are 18. After that she can legally make some decisions on her own. No 11 year old child should be put in a position to make such important decisions. That's your responsibility and that of a court.

Answer 2

If she wants to live with you then she has every right. If he doesn't let her live with you isn't that against the law in some way?

Answer 3

As much trouble as it can be it is often best to take the matter to court in cases like this.

The child can have a say to the courts and expect to be heard from about  5yrs old but often the courts can and will appoint a child representative who is there for the child and its best interests. This person is indipendant from both parents and will act as the childs voice.