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Could my 10-years old son's wishes be granted by a court?

Anonymous Asked:

My child is only 10 yrs old but understand our situation. He does not want to see nor talk to his father. Childrens's lawyer is already involved because his father wants access. We've been seperated for more than a year and only have communication with him twice. His father left without saying goodbye before Father's Day last year to be with his mistress in Texas. I tried to persuade, convince & even force my son to see & talk to his father. My friends & Elders also from church tried to talk to my son but to no avail. Would it be possible that my son's wishes could be granted by a court/ judge?

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6 years ago

It depends. Generally speaking a Court will state that it is best for a child to have a meaningful relationship with both parents. I am not surprised that the Children’s Lawyer is involved. A child of 10 years of age is too young to make their own decision in terms of whether they wish to see a parent. The recommendation of the Children’s Lawyer will be important, although not binding on a Judge. Generally speaking, if the only reason that your son does not wish to see his father is that he is hurt by his leaving then my suspicion is that a Judge would likely look for ways to ensure that your son does develop a relationship with his father, including through counselling and graduated access. Of course, I would need to speak with you in order to gain more information about your unique facts prior to making any comments about what may likely happen in your case. I may be reached at 905-451-3222 for a free consultation.

(The information provided above is general, not legal advice, as circumstances vary from case to case. As well, generally speaking, the above information relates to Ontario law. Thus, if you wish legal advice that you can rely upon for your specific case, or if you are making inquiries where Ontario law may not apply, please contact Andrew Kania for a free consultation).

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