What is the test for a judge to consider the views of a child in a custody application?
British Columbia, Canada
The following excerpt is from D.M. v. C.R., 2021 BCPC 318 (CanLII):
It is important for children to know that their views are heard and considered by the adults in their lives. Courts are called to “recognize, respect and reflect each child as an individual distinct from their parents, and to empower children to be actors in their own destiny”: SS v. RS, 2021 ONSC 2137 [SS v. RS], para. 27. The court in SS v. RS explained, “in practice, it requires judges to probe into each child’s lived experience, to meaningfully consider their views and preferences, and to craft an order that promotes that child’s best interests and overall well-being”: para. 28.
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