| very confused child
Posted: 8/12/2007 7:41:37 PM | In a Canadian court at what age does a child have the rights to say what parent they wanna live with ?
parents seperated for 13 years now
child is gonna be 13 this September
thanks for your replies | |
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| very confused child
Posted: 8/12/2007 7:55:38 PM | when the judge deems the child old enough to understand the consequences of their decision.
Know of some that got that wish granted at 11, other later. | |
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Pucks
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Joined: 10/14/2006
Msg: 3 | |
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| very confused child
Posted: 8/12/2007 8:11:01 PM | | Anytime but it should always be in the child's best interest, too often parents want to win at all costs and tug a war with the children as the rope! | |
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Pucks
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Joined: 10/14/2006
Msg: 5 | |
| very confused child
Posted: 8/12/2007 8:25:18 PM | ^^^ummm no it is not anytime from what i have read.
i have been know to be wrong the odd time.
A young child is not going to have the cognitive ability to make an informed decision on what living arrangement is best for them so a judge/court will not listen to a young child. | |
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| very confused child
Posted: 8/12/2007 8:35:45 PM | | if the child loves both parents, it's unfair for either parents to have the child pick sides, for the best of everyone, the child should have the chance to stay with either parents at different times. | |
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Pucks
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Joined: 10/14/2006
Msg: 7 | |
| very confused child
Posted: 8/12/2007 8:39:30 PM | of course, both parents involved is best.
The OP though was asking for the age of children that a judge will listen to when determing where the child should live. Perhaps i am not understanding though? | |
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| very confused child
Posted: 8/12/2007 10:17:40 PM | | 12 y.o.. at least thats what the judge told me a few yrs back when i went to fight for my 2 children.. | |
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| very confused child
Posted: 8/12/2007 10:22:45 PM | I believe in Alberta it is 11 or 12. It should be in the best interest of the child...but in most cases doesn't apply.
I'm sure you can find out easily enough by looking up your Family Law Act for your province...most post them on the web.
Good luck | |
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| very confused child
Posted: 8/13/2007 11:41:27 AM | well thanks for all your opinions but she is at the age where she is playing both parents for what she can get...............
yes we have boundaries in our household .........but her dad does .........BUT doesn't inforce them so this is causing my daughter to live here with us for awhile then go live with her dad for awhile ..................more less when she gets sick of one household she runs to the other......................... | |
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| very confused child
Posted: 8/14/2007 12:22:25 AM | | well then instead of letting her choice when she wants to see the other. you need to work it with her father to set certain dates and times. His rules may be different than yours, and he may not enforce them but you cant' control what someone else what to do nor take the child away unless it's causing physically/emotionally harm | |
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| very confused child
Posted: 8/14/2007 7:58:47 AM | Wildgirl,
My son decided at 15 that he no longer wanted to go out to his father's house.....he hasn't, expect for an occasional visit or family event, for two years now.
My girls have been spending 50/50 time at each house for four years and it has been working out pretty well. They are now 14 and 11.
My 14 year old just decided that she only wants one 'home'...without giving any real reasons she told her father she wanted to stay there. I was devastated....until I finally found out that it was because she occasionally had to stay with her sister at night when I was working....they have been lucky enough up until this summer to have mom home at all times with them. We will be working out a schedule that works for everyone, so that they are not alone after dark.
Your daughter sounds a little different.....and although she is old enough for the courts to listen to...it seems that it isn't a specific problem or conflict...but, just her pushing your boundaries and then running to the other when those boundaries are enforced. Kids need structure..and it is probably in the best interest of you, your ex and your daughter to have a set schedule for her to have to follow until she is a little older. | |
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| very confused child
Posted: 8/14/2007 6:28:48 PM | | When I was getting my kid ... the rule is the judge always decides ... but at age 12 and up the child is allowed to testify and the judge must concider the childs words | |
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venow
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Joined: 7/23/2007
Msg: 14 | |
| not so bad
Posted: 8/14/2007 6:47:21 PM | | hi there my name is ralph I dont have any children, I am not in a relationship, I would like to find some one to be with | |
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| very confused child
Posted: 8/15/2007 3:27:06 AM | | Around the age of 12 I believe- if you feel your child needs a voice in court - ask the courts to appoint a childrens lawyer for them. Then it will truly be the voice of that child. | |
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| very confused child
Posted: 8/15/2007 5:13:35 AM | I have a 6yr old daughter and have been very active in her up bringing, me & her mum split up fairly amicably when Jasmine was just 6 months old (she cut her first tooth - breast feeding ended - from that point on me & mum were equal partners).
Currently we have a weird system for the joint custody, nothing done with judges and courts but it works for us. Jasmine does 3 days with Mum, then 3 days with me, then 4 days with mum and 4 days with me, over two weeks we get 7 days each and oth get a weekend with and a weekend without Jazz.
Luckily both me & mum are self - employed and work around our parenting commitments, we both agree that Jasmine must not suffer in any way, we are the adults and we need to remember that children in split families are generally innocent and easily harmed by the situation the adults have created.
Good communication is the key. | |
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| very confused child
Posted: 8/18/2007 6:34:41 PM | | We live in Canada, Ontario rather - My niece is 12 and wants to go live with my brother (her dad). Her mother didn't want her to go so took my daughter with her to a lawyer. Lawyer said there was no age limit. Apparently she can leave both of them at this point if she wanted. | |
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