Legal Question in Family Law in Canada

child custody

i was wondering at which age a child has a choice as to which parent to live with. i have been separated for 5 years now and was wanting to gain custody of my son who will be 12 by july and was wondering what rights i have, as well as what rights he has. our split was an amical split. we have joint custody of both our children. need some advice on the laws and boundaries there are...thank you


Asked on 4/02/07, 8:56 pm

1 Answer from Attorneys

Donald McLeod Donald R. McLeod Law Corp.

Re: child custody

In British Columbia there is no law that allows a child to choose; the circumstances vary with each case, and at age 12 the Court will often, but not always, take the views of the child into consideration - it will not be bound by the child's views but will frequently consider them. The rest of this question is too complex and requires many more details before any proper answer can be given. Please consult the Telus yellow pages under "Lawyers" for the number of the B.C. Branch of the Canadian Bar Associations Lawyer Referral Service; you will be able to obtain an initial consultation for a very low charge ($25 maximum) and many lawyers do not charge at all.

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Answered on 4/02/07, 11:36 pm


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