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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)).
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 of 12 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 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 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”.
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 Voice Views of the Child reports by Family Justice Workers 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====