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Sam Rapoport (talk | contribs) |
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The ''[[Family Law Act]]'' confirms that when determining what parenting plan is in a child’s best interests, the court and the parties must consider the child’s “view, unless it would be inappropriate to consider them” (section 37(2)(b)). | The ''[[Family Law Act]]'' confirms that when determining what parenting plan is in a child’s best interests, the court and the parties must consider the child’s “view, unless it would be inappropriate to consider them” (section 37(2)(b)). | ||
There is no age provided in the ''[[Family Law Act]]'' as to when a child’s views are to determine their own parenting schedule. While people typically think the age | There is no age provided in the ''[[Family Law Act]]'' as to when a child’s views are to determine their own parenting schedule. While people typically think the age of 12 is somehow a determining age for when children can make their own decisions on their own parenting schedule, he language of the ''[[Family Law Act]]'' does not specify any particular age when a child's views are determinative of the parenting arrangements. | ||
Generally, children should not | Generally, children should not be responsible for making their own parenting arrangements or be involved in negotiating that issue between their parents. If a child is saying that he or she does not want to see the other parent, then that is a factor the parents need to consider. A child’s voice must be heard; however, it is important to make the distinction between a child having a “voice” compared to a child making a “choice”. | ||
A child’s interests are not necessarily served by limiting contact with one parent when a child requests it. It is important to know why a child is taking a resistant position and to address any underlying factors that may be affecting the child’s choice in the matter. | A child’s interests are not necessarily served by limiting contact with one parent when a child requests it. It is important to know why a child is taking a resistant position and to address any underlying factors that may be affecting the child’s choice in the matter. | ||
Private counselors and other resources, such as the [http://hearthechild.ca Hear the Child Society] or | Private counselors and other resources, such as the [http://hearthechild.ca Hear the Child Society] or Views of the Child reports can aid parents when this type of behaviour occurs. If a child is consistently refusing to see the other parent, then it is important to know why. | ||
====Parents' refusal to visit==== | ====Parents' refusal to visit==== |
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