Legal Question in Family Law in Virginia

Re: Mrs. Doucette

The approach taken for this situation

as suggested by the B.C. lawyer for the courts in British Columbia would not be the approach that would likely be followed in the Commonwealth of Virginia, irrespective of whether or not there was a guardian ad litem appointed in the case or whether this guardian favored the subject child's position or not.

The Commonwealth judge, hearing the matter would, of course, accord substantial weight to the guardian's recommendation and likely a fair amount of weight to the 14 year old child's, but ultimately would be the final arbiter in the matter(rather than the child and/or guardian), and, after considering many factors involved in the decision, might well overrule both the guardian and the child if the court were to reasonably believe that particular disposition to be in that particular child's best interests.

Re: Mrs. Doucette

In British Columbia, they can not make the final decision, but the law says their wishes are to be given great weight and in fact many judges have said that if a child of this age and in some cases younger has made up his or her mind, and the child has determined on his or her own where to live, there is in reality not much that can (or should) be done other than allow the child's wishes to control. Here there has been a guardian appointed; guardians are appointed by court order, so the decision in law is the guardian's, not the parent's. If the child's wishes and the guardian's are the same, there is little doubt that the child will live with the guardian where he or she wishes to remain.