A child aged seven or older should have their wishes considered in a custody decision, but should not be made responsible for choosing the legal outcome. Parents should support a safe, age-appropriate process that avoids pressure or coaching.
Children aged seven or older must be heard
Article 81 of the 2014 Law on Marriage and Family requires consideration of the wishes of a child aged seven or older when direct care is determined after divorce. The relevant threshold includes a child who has reached seven; it is not limited to children older than seven.
Hearing the child does not transfer the court's decision to them. The court considers their wishes alongside their interests and the evidence about the proposed care arrangements. A preference is relevant, but it does not automatically decide the outcome.
Prepare without coaching or pressure
Parents should avoid asking the child to take sides or rehearse answers. A child may feel loyalty to both parents or fear that an honest response will hurt someone. The purpose of participation is to understand their views, not to make them responsible for the divorce.
Explain the process in an age-appropriate way and follow the court's directions about how the views will be obtained. Preserve a supportive routine and avoid repeated questioning or promises of rewards connected with a particular answer.
What the wider evidence should show
- The child's existing care and school routine.
- Housing, health, education and other practical needs.
- Each parent's involvement and ability to provide appropriate daily care.
- Proposals for support and continuing contact with the other parent.
- Any relevant safety concerns supported by lawful evidence.
Income and accommodation are relevant, but a custody request should not rely on financial comparison alone. Stability, emotional support and the practical feasibility of the plan also deserve attention.
Where the child lives abroad
Overseas residence can affect how the court obtains the child's views and other evidence. It should not be assumed that the child must always travel to Vietnam or that an informal letter necessarily satisfies the procedure. Discuss the applicable approach with the court and adviser.
Continuing responsibilities
A direct-care decision does not erase the other parent's obligations or appropriate contact rights. Parents should focus on implementing a workable arrangement and avoiding conduct that exposes the child to further conflict. A later change requires the applicable legal basis and evidence, not simply a new preference demanded by an adult.
Discuss your next steps
For advice on children aged seven and custody, ask Jurion & Partners to review the circumstances, documents and options relevant to your case.
