Tweet
Hi! My boyfriend's little girl lives in Halifax with her mom. My boyfriend lives in Newfiundland. Him and his ex-girlfriend have joint custody. My boyfriend had his daughter most of last year. She had to go back to Halifax in August. She is only 5 but she always calls and says she wants to live with my boyfriend. She is always very upset because she doesn't want to live in Halifax with her mom. Since she went back to Halifax she had even started wetting the bed, which she never did before. I was wondering would a judge listen to her about where she wants to live? She is so miserable.
-
-
kissychrissy,
A Judge would give very little weight to the views and wishes of a child of the age of 5 in determining where a child's primary residence would be especially since a routine has been established.
All incidents of custody and access (I hate those words - promotes winner loser model) are determined on the best interest of the child test.
If the child is having problems it is only hearsay and would have to be documented by medical professionals. If it is enough to establish a material change, (The onus is on the party asking for the change to proove the material change) You may have a chance by requesting the children's lawyer to be involved to express the views of the child, however since it is multijurisdictional they may not get involved in the matter. Your only other option perhaps would be to have an independant assessment completed.
Comment