What is the impact of a 16 year old's wishes on a parent's decision not to grant a change of custody?
Ontario, Canada
The following excerpt is from J.K.L. v. N.C.S., 2008 CanLII 30289 (ON SC):
I have further considered the decision of Lindahl v. Lindahl, [2005] O.J. No. 4090 (S.C.J.), and the numerous other cases and articles submitted by counsel for the respondent to the effect that the wishes of teenage children must be carefully listened to. Interestingly, even in cases involving older children, the courts have ordered a change of custody. In the case of Reeves v. Reeves, [2001] O.J No. 308 (S.C.J.), Mossip J. of this court made an order changing custody of two children who were 13 and 16 years of age who had been alienated from the non-favoured parent.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Does a child's expressed wish to move from the custodial parent's home to the other parent’s home constitute a material change in circumstances? (Ontario, Canada)
Can a court vary a custody and access order where the child spends the preponderance of time resident with the custodial parent, with access to the non-custodial parent for a shorter time period? (Ontario, Canada)
In what circumstances would a parent be denied custody in a custody battle between a parent and a non-parent? (Ontario, Canada)
How is child support calculated when one parent has physical custody of a child and the parents share custody of another child? (Ontario, Canada)
What is the impact of a successful custodial parent’s legal fees against the unsuccessful parent? (Ontario, Canada)
What is the test for parenting time between the parents of a child and a non-custodial parent? (Ontario, Canada)
Is there a risk of a child dangling like a yo-yo at the end of their parents' string if a judge grants an interim order to change custody on an interim motion? (Ontario, Canada)
Is a trial judge's decision not to grant a mobility permit to a custodial parent? (Ontario, Canada)
Does a custodial parent have to pay child and spousal support to the non-custodial parent of the child? (Ontario, Canada)
What is the difference between a change in parenting arrangements between a child and his non-custodial parent? (Ontario, Canada)
