Ontario law does not have a predetermined age at which children can decide which parent to live with or otherwise offer their preferences for the custody agreement. Judges will consider a child`s opinions and preferences at different ages, depending on their level of maturity, ability to express opinions, and whether the child`s opinions and preferences show that they have put thoughts and arguments into their position. For younger children, however, their preferences have less weight on the court decision for many reasons. A separation or divorce is a difficult time for a child. If the separation is not consensual, a child may be exposed to one parent`s negative opinions and feelings toward the other parent. It can be difficult for a child to sort out their own feelings towards a parent, especially if one parent is extremely hurt or upset about the separation. It is not uncommon for a child`s opinion to change from day to day depending on the events of the day. A child may prefer to stay with his mother after she buys the video game he really wants, and the next day he may want to live with his father after his mother rejects the idea of a night. Children may feel like they are caught in the middle of their parents` quarrel and try to make all parents happy.
They may not share their true feelings and preferences with all parents. Deciding where children will live is just one of the issues that need to be addressed when a marriage breaks down. Parents separating or divorcing must also agree on how often children see the parent they don`t live with, as well as financial support and custody arrangements. Ideally, you and your ex-spouse can negotiate with the help of family law experts to create a parenting plan that meets your child`s needs. If the parents cannot agree on a parenting agreement at the time of separation, the courts can intervene to decide on custody and access. The judge`s main concern is to ensure that the best interests of the child are at the heart of his or her decision. The older and more mature a child is, the more their opinions and preferences are taken into account by the court. For more information on parenting arrangements and the best interests of the child, see: Parenting arrangements after separation or divorce.
At AGS Law, we offer comprehensive family law services in Barrie and Southeastern Ontario, our team will help you formulate a plan that will allow your child to hear their views and preferences in your family law proceedings. Please call us today at 705-735-0003 and let us help you. Avoid asking your children questions like, “Who do you want to live with?” Unlike a OCL report, a Child`s Perspective report does not generally include the clinician`s opinion. Instead, the report merely conveys the views of the child to the court and is not an assessment or opinion of those opinions. Some children want to have a say in parenting after their parents separate or divorce. It helps to talk widely with children about what is important to them. This could include, for example, their daily routines and activities. It`s important not to ask your children direct questions that put them under pressure, such as who they want to live with. This can make them feel like they have to choose between you or their other parent. Talking about your child`s desire to change residence can be a delicate and difficult conversation for both of you. While the court`s primary focus is on reaching an agreement that is in the best interests of the child, in some cases this means considering the child`s stated preferences, the parent they want to live with, and how they want to divide their time between the parents` homes. As a child grows and matures, they tend to manage their emotions better, articulate their thoughts better, and be more in tune with their views and preferences.
The courts will take more account of the preferences of older children than those of younger children. Although there is no specific age at which the courts allow a child to decide which parent to live with, it is around the age of 12-13 that the courts take into account the wishes of the child, and around the age of 16 that the courts take the child`s preference seriously. Galbraith`s family lawyers are trained in collaborative practice, and we have been named one of the top law firms by the Barrie Examiner on several occasions. Our legal ideas have also been featured in The Globe and Mail and Lawyers Weekly. Because Voice of the Child reports aim to convey what the child wants to say – no more, nothing less – the child usually has a say in what is included and what is not included in the final report. Provinces and territories offer family justice services related to listening to children`s opinions, as well as services such as mediation and parenting sessions that you may find very helpful. Other useful services can be found on your provincial or territorial government`s website. Under the new Divorce Act, legal counsel are required to inform their clients of any family law services that may be helpful to them.
A child`s opinions and preferences can be presented to the court in a variety of ways. If you and your ex-spouse can`t agree on housing, custody and support issues, the court may appoint a judge to make the decision. The judge or a representative — i.e. a social worker or psychologist — will talk to your child to find out what they want. In general, a child cannot decide which parent they want to live with. If you and your family are in the middle of custody proceedings, you need effective legal representation to help protect your rights and interests, as well as your relationship with your child. Choose Carmichael Law for our: We have been separated for over 10 years and my 12 year old daughter lives with my ex-wife. Recently, the child was treated very badly at home by his stepfather. And now she doesn`t want to live at home or live with me (I`m her real father) and she wants to live with her grandparents. (parents of ex-wife) I agree with my daughter`s decision, but my ex-wife does not allow the child to live with her grandparents. My question now is: At what age can a child legally decide where he wants to live? And can he decide for himself where he can live? Family justice services are public or private services designed to help people deal with problems arising from separation or divorce. Although children can and sometimes do testify in family trials, it is generally considered undesirable to expose children to the rigors of a courtroom.
But when a child approaches the age of majority, which is 18 in Ontario, they have more say in where and with whom they live. And it`s rare for a court to make an order on decision-making responsibility and parenting time for a child 16 or older. Previously, decision-making responsibility and parenting time were referred to as custody and visitation. It is best for parents to decide together how their children will be involved. You may decide to ask your child`s opinion after you decide to separate. You can also choose to ask for their perspective more than once while working to resolve parenting issues. You can also choose to involve your child in an out-of-court process, such as mediation. As a family lawyer, I am often asked this question. The short answer is that children can decide for themselves where they will live once they reach the age of majority, which is 18 in Canada. But the long answer — the answer that matters when parents are involved in a custody and personal relationship dispute — is that a child`s opinions and preferences usually become more decisive as the child ages.
A Voice of the Child report is simply a report from a clinician about what a child says after one or more interviews with the child.