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Can a 12 year old child influence a change in custody?

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  • Can a 12 year old child influence a change in custody?

    Hello everyone,

    I know Family Law rules have changed a lot recently. I have not been in court for years.

    Custody of our 12 year old son is shared 50/50 and has been for almost 10 years. Things are getting extremely difficult for him at his Mother's house, now that he is old enough to recognize his Mother's extreme double standards and irrational behavior and voice his opinion about it.

    Will my son have influence on the decision to increase time living with me - given that his Mother will fight against it?

    There are other issues at play, but I am just asking about the influence/weight his statements could have.

    Thanks.

  • #2
    The judge may listen to his wishes but he cannot decide.

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    • #3
      In Québec à judge will do what a 12 yr old says unless it is a caprice

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      • #4
        Clarification: I am in Ontario.

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        • #5
          Depends. If the child is mature and clearly understands the consequences of what he says, a judge may give his wishes some weight, but there is no magic age at which a child can choose who he wants to live with. That decision rests with grownups (either Mom and Dad, or a judge if Mom and Dad can't agree).

          Comment


          • #6
            Originally posted by FixTheSystem View Post
            Hello everyone,

            I know Family Law rules have changed a lot recently. I have not been in court for years.

            Custody of our 12 year old son is shared 50/50 and has been for almost 10 years. Things are getting extremely difficult for him at his Mother's house, now that he is old enough to recognize his Mother's extreme double standards and irrational behavior and voice his opinion about it.

            Will my son have influence on the decision to increase time living with me - given that his Mother will fight against it?

            There are other issues at play, but I am just asking about the influence/weight his statements could have.

            Thanks.
            This kid (and you) would have to demonstrate that this is a mature desire in his long-term best interests, and not just immature avoidance of the stricter disciplinarian parent in favour of living with the more permissive parent.

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            • #7
              Originally posted by FixTheSystem View Post
              Clarification: I am in Ontario.
              It doesn't matter. I watched a case where the child clearly stated that the reason for willing to live only with father were not toys and better rules at dad's and that was enough for the Judge to automatically approve what the kid wanted.

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              • #8
                He wants to live with me, and I am more strict. However, he is recognizing that being strict is OK as long as things are fair too. Plus when discipline is required, we talk, and there are appropriate consequences. His Mom is strict and unfair, yells and screams and has apparently hit him across the face 10+ times in the past 2 years. Further, there are far more 'toys' at his Mom's house. So, that supports the motivation is mature and sincere.

                Comment

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