Legal Question in Family Law in Canada
can a child decide?
Can a 10 year old decide for herself if she wants to visit her father or not?
Asked on 3/09/07, 12:06 pm
1 Answer from Attorneys
Donald McLeod
Donald R. McLeod Law Corp.
Re: can a child decide?
In British Columbia, no a 10 year old can not make such a decision, unless there is good reason, with objective evidence to support it, that contact with the non-custodial parent will be likely to harm the child. Then, the child cannot make the decision - the court will decide. Further, the law requires the custodial parent to make strong efforts to ensure that access does take place, and alienating a child from the non-custodial parent is grounds to reverse custody.
Answered on 3/10/07, 1:42 am