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Divorce & Family Law This forum is for discussing any of the legal issues involved in your divorce.

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  #11 (permalink)  
Old 10-05-2010, 02:25 PM
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Read age based Laws

http://www.jfcy.org/PDFs/Age_Based_Laws_May_2008.pdf
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Old 10-05-2010, 02:44 PM
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14 and Over

You can live with someone else against the wishes of your legal guardian. The other person
will not be charged with a criminal offence as long as they did not assist you in leaving home.
[
Criminal Code of Canada]

Certainly if a child at the age of 14 can decide this then they certainly can choose which parent they wish to reside with.....what this is saying is parents if your kids leave home at 14 and go to live with another adult 18 and over that they have NO relationship with and this person did not assist them in leaving home they can do so....Legally
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Old 10-05-2010, 03:10 PM
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Tis law is made to protect kids in abusive homes
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Old 10-05-2010, 03:10 PM
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Quote:
Originally Posted by ConcernenedStepMom78 View Post
14 and Over


You can live with someone else against the wishes of your legal guardian. The other person will not be charged with a criminal offence as long as they did not assist you in leaving home.
[
Criminal Code of Canada]


Certainly if a child at the age of 14 can decide this then they certainly can choose which parent they wish to reside with.....what this is saying is parents if your kids leave home at 14 and go to live with another adult 18 and over that they have NO relationship with and this person did not assist them in leaving home they can do so....Legally
That is the criminal code. It doesn't relate to family law and court orders relating to access. Where a child is ordered by a judge to go with another parent, the child is obligated to go until the order has been altered by a judge. The person with custody of the child is also obligated to encourage and enforce the court order.

So yes, the child can make the determination to live where they want. But that statement is qualified with the determination must be made in court, to a judge, who will then rule on the facts presented. Failure to abide by a court order is contempt, notwithstanding if CCC provides that a child may choose their residence.
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Old 10-05-2010, 03:16 PM
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ty Hammer I do understand that aspect...in our case there is NO order only a domestic contract, our son was in fornt of a child psych who told both parents at the age of 14 they are growing up and making their own choices and they cannot be forced a court can make an order and say all they want if a parent come to pick up their child and the child refuses what are they going to do?
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Old 10-05-2010, 03:17 PM
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If police are called to force child and child refuses...they certainly arent going to arrrest the child
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Old 10-05-2010, 03:24 PM
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No, but the non custodial parent can bring a motion of contempt against the custodial parent and otherwise make your life miserable.

Whether or not it'll be successful is another matter entirely, and would depend on the facts of the individual situation.

The bottom line is that if there is court ordered access, or any kind of legal contract/agreement that stipulates access, then the Custodial parent has a LEGAL OBLIGATION to enforce it. If the minor child kicks up a stink and says they don't want to go, you make them.

If it's THAT traumatic for them, then hussle your butt down to the local courthouse and have it changed.

At 14 the child's wishes are a virtual certainty of being made into the new access order, but until you actually DO THAT, the existing arrangement would be in effect and you would have a legal obligation to enforce it.

Do you allow the 14 year old to be the sole decision maker with respect to the legal aspects of his life? Of course not. You allow him input, and teach him how to be an adult about things. Choices and consequences. Sometimes that means doing things we don't like until we follow the proper process to have things dealt with correctly. The whole right way of doing things vs. wrong way of doing things.

If he doesn't like going and doesn't want to anymore, and is mature and articulate enough to express that belief, then your choice boils down to get the ex to agree to an amendment, or go to court and have it changed.
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Old 10-05-2010, 03:25 PM
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I think this is an awesome topic...because it is important to know what our children can and cannot do legally, if a parent forces the child to have access with the NCP but the child refuses who is in contempt?
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Old 10-05-2010, 03:28 PM
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Court oder, domestic contract or not, will a court or police hold the child in contempt if he/she refuses to partake in access?
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Old 10-05-2010, 03:31 PM
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Hypothetical lets say the police drive the child to have his her access at 14 and the child runs away is this a good thing? Even IF there is a court order that says the child MUST have acces 2 weekends a month, and the child refuses ...so what do you say in motion ...your hounour my child doesnt want to be with his/her other parent at all and says ther is no court order that can make him/her
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