When I divorced many years ago my wife was granted custody of both our children. The eldest, our son, is now 15 and wants to live with me instead. His mother is in favour of the change , too , and is willing to make an application to court to alter our custody agreement to this effect. Will the court automatically authorise the custody switch if both parents agree on it and the child initiated the move ?
By: דיאנה שאלתיאל•Published on: 10 May, 2022No. The family court will not automatically authorise an agreement between parents to switch custody of a child from one of them to the other where this would involve splitting up siblings. It will appoint a suitably qualified professional to examine whether splitting up the two children is in their good. Usually there is a preference towards keeping siblings together . Having said this the court cannot ignore the fact that both parents agree to the change in custody – and the wishes of the minor who wants to move in with the other parent. The professional will examine all these competing interests, attempt to balance them out and make recommendations to the court which will then make its decision.