Child's views and preferences. Siblings. VOC.

[alexlittle]

In the book "Surviving Your Divorce" M. Cochrane writes (p.103-104) :

"..This raises an interesting point where there is more than one child: if one child expresses a strong preference for a particular parent and other child expresses a strong relationship with the sibling, then one child’s views and preferences may end up governing the outcome of the custody arrangement..."

- has anyone came across any case law he is referring to/heard of this?? I was not able to find case law for this.

I have a VOC report where one child is on the fence, the other has an opinion...

Any wisdom and information would be very appreciated.

Thank you.

[pinkHouses]

I don't know but I do know:
The ages and sexes of children are missing.
Are they average kids or is there a medical issue with one?

Can the reasons for ones strong preference apply to the other child?

[alexlittle]

They are average children, 7 and 10.
Younger is more attached to me, the older didn't want to change schools at the time and hence was so-so...

[OrleansLawyer]

Fundamentally, judges are reluctant to split children up. If one child has a strong preference, and the other child is ambivalent to the final parenting schedule, you can either go with the child with a preference (both happy with a primary parent) or go with shared parenting (one child happy, one child not happy). The children's views and preferences are a factor in determining their best interests.

[alexlittle]

This helps! Thank you.