What is the test for making an access order contrary to the wishes of children as young as 12, 13 and 16?
Ontario, Canada
The following excerpt is from Krasaev v Krasaev, 2016 ONSC 5951 (CanLII):
In Goodman v. Browne, [2003[ Canlii 74352 (ONSJ), Justice Spence declined to make an access order contrary to the wishes of children age 12, 13, and 16, noting that “children vote with their feet”. Further: “even if I were persuaded that access between the children and their father was somehow in the children’s best interest, an order forcing them to attend access against their will would not be enforceable if the children simply refused to attend.”
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