Just curious, my understanding is that a child can start saying which parent they live/visit with at age 12. What happens in the case of a special needs child where they are 12+ yrs old but developmentally one could argue that they are younger? How would one determine when a developmentally delayed child's wishes are honoured?
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Chronological vs developmental age?
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Originally posted by smileandwalkaway View PostJust curious, my understanding is that a child can start saying which parent they live/visit with at age 12. What happens in the case of a special needs child where they are 12+ yrs old but developmentally one could argue that they are younger? How would one determine when a developmentally delayed child's wishes are honoured?
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I googled Canlii and this talks about the same situation. a 12 year old who preferred to be with her dad as he was moving to Nova Scotia (and more importantly, he had primary custody of her for the past 3 years).
In the end, the judge awarded custody to the mother.
Kent v. Jorzik
So as everything else, a judge decides which factors are more important...in this case stability of environment vs preferences of child.
Originally posted by smileandwalkaway View PostJust curious, my understanding is that a child can start saying which parent they live/visit with at age 12. What happens in the case of a special needs child where they are 12+ yrs old but developmentally one could argue that they are younger? How would one determine when a developmentally delayed child's wishes are honoured?
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