Yes the court will often consider the wishes and feelings of the child however it does depend on the child's age, maturity and the wider circumstances. 

In family court cases about where a child should live or how much time they spend with the other parent, the court's main focus is the welfare of the child. Included within that, is consideration of the child's wishes and feelings. That said, this is only one factor of many that the court is tasked with considering. The other factors are listed within the Welfare Checklist (Section 1 Children Act 1989).

Typically in court proceedings, children will not give evidence themselves. Instead, the court may order that the child's wishes and feelings are ascertained by a third party. This may be through the appointment of CAFCASS or a Guardian, who will then be asked to report back to the court following discussions with the child. Both are trained to talk sensitively to the child in an age appropriate way. They will help the court understand what the child thinks, whether those wishes are clear, whether the child's wishes have been influenced by anyone else and how much weight should be given to the child's wishes.

Generally, the older the child the more influence their wishes will have on a case. Typically from the ages of 11 or 12, the court is likely to give more weight to the child's wishes. That said, if the court considers that the child's wishes are not in line with what is in their best interests (regardless of age) the court may not follow the child's wishes. 

If you are going through a separation or have already separated and your child is communicating strong views that are not in line with your views or that of the other parent, we can provide you with advice on how to deal with this difficult issue. Our specialist team have a wealth of experience advising both mothers and fathers alike on such issues.