Legal Question in Family Law in Canada
I have shared custody or my 11 yr old daughter. She no longer wants to travel out of province to visit her father every weekend. At what age can she decide where she wants to live?
1 Answer from Attorneys
In British Columbia, the law is that you must use all of your best efforts to ensure that your daughter does visit her father; as she is only 11, if she does not visit her father as ordered, you may very well be accused of and found to have been encuraging your daughter not to visit. There is no such thing as an age at which a child canmake up her own mind on where she wants to live, who she wants to visit, etc. In deciding changes in access, many factors are taken into account, including the influence the custodial parent has used to discourage contact with the other parent, or the efforts she has made to make the child visit, the child's activities, the reasons the child no longer wants to visit, changes in the situation of either parent since the order for access was made, to nema just a few. If it comes down to a dispute in court, the court will in all probability want evidence from someone unconnected with either parent, such as a psychologist or psychiatrist, as to what is in the best interest of the child. The court will want to make sure that there is no parental alienation syndrome. Perhaps you can negotiate for different access; for example instead of access every weekend, longer but less frequent access, such as 6 weeks in the summer (instead of the usual 4), and 10 days evey Christmas, and a week at spring break, etc.