What is the test for determining a child's residence?

British Columbia, Canada


The following excerpt is from T.I.R. v. M.W.P., 2020 BCPC 170 (CanLII):

This principle has been applied in a number of other decisions of the Courts of this province. In McGowan v. McGowan 2001 BCSC 1070, Tysoe J. held that a child who was almost 13 and entering high school, was sufficiently mature such that his desire to live with his mother should be the decisive factor in determining the child’s residence.

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