Does a 16-year-old have a right to a custody order for a 16 year old?
Ontario, Canada
The following excerpt is from Valley v. Hay, 2018 ONSC 6521 (CanLII):
As Kristjanson J. noted recently in her Trial Management Conference Endorsement in Henderson v. Winsa,[5] courts in Ontario often find it appropriate not to make a custody order for a 16-year-old. This is because “as a practical matter, older children will make their own residential choices.”[6] I also note that generally the law presumes that a 16-year-old is capable of consenting on his or her own to healthcare, including therapy, and a parent cannot force medical treatment where a capable 16-year-old does not agree.[7]
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