Myth-Busting in Law: The “Magic Age of 12” Edition

Ah, the legal myth that refuses to retire: “When a child turns 12, they get to choose which parent they want to live with.” Sounds empowering, doesn’t it? Sadly, it’s as fictional as a TV courtroom drama where everything is solved in 42 minutes.

In South African law, there’s no magical age where a child suddenly becomes the boss of their living arrangements. Sure, the Children’s Act ensures that children have the right to participate in decisions affecting them. They can share their thoughts, feelings, and concerns—think of it as having a say, not the final say.

Ultimately, the court or decision-makers look at all factors to determine what’s in the child’s best interests. This includes the child’s views but also considers what’s practical, sustainable, and stable. So, while the child’s voice matters, it’s not the only voice in the room.

Moral of the story: No parent should start bribing their 12-year-old with extra screen time or puppies. It’s not that simple, folks!