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Difference between revisions of "Parenting Apart"
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→Children's refusal to visit
Justin Werb (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 of12 is somehow a determining age for when children can make their own decisions on their own parenting schedule, this age is not confirmed nor reflected in the language of the Family Law Act. | 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 of12 is somehow a determining age for when children can make their own decisions on their own parenting schedule, this age is not confirmed nor reflected in the language of the Family Law Act. | ||
Generally, children should not have to 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”. | Generally, children should not have to 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”. | ||
