it still seems a bit subjective. Who decides whether the criteria for the child to be able to make their own decision is met or not. Child chooses to go against the grain, they're not mature enough to make the decision. They toe the line, then all is grand.
i'd forgotten previous to joining camp 'yes', but i spent a summer about the age of 13/14 chain smoking with a friend who was mid custody battle. female parent was a raging abusive alco, male parent liked a drink but was a teddy bear and generally was just family orientated. female parent wanted full custody of my mate and their sibling who had down syndrome. male parent was fighting to just have access as our system is female biased in general. all the time me and my mate who may have been 15/16 were just standing about chain smoking or they'd go into court, hear some stuff and come out again. In that case, it was plain as day where the custody should have been going for both syblings, but court bias and no input from the kids sent them back to raging alco female parent. eventually some loophole was found and 50/50 access restored.
basically, i can see how it could be subjective in a lot of cases, but there are times when its as clear as day that a few words from the childer would be for the best.