When will a court grant custody of a 14 year old child to a parent who does not have custody of the child?
Manitoba, Canada
The following excerpt is from M.D.M. v. C.M., 2005 MBQB 216 (CanLII):
[44] Guerten-Riley, J. made comment in Mensah v. Mensah [1995] M. J. No. 354 at para. 3-4: “Where the variation order would grant custody of the child to a person who does not currently have custody, the court shall take into consideration the willingness of that person to facilitate contact with the other spouse as is consistent with the best interests of the child. The expressed wishes of a fourteen year old child, where they are not at variance with his best interests, must have an impact.”
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