1-877-797-9411
Embaucher un avocat
DC Logo F-no-tagline
DC Logo F-no-tagline

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?

Expert Comment:

Subscribe
Notify of
1 Comment
Oldest
Newest Most Voted
Inline Feedbacks
View all comments
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).

Latest Questions Asked:

DC Icon

Can my ex win full custody on the with no grounds of merit

My ex partner and I have joint custody of our daughter and have so for the past 7 years. My ex served me papers wanting full custody and for my child support payment to quadruple effective in 4 weeks time. I love my daughter dearly and see her 50% of t ...

DC Icon

Simple Divorce

We have already settled support and property division so it is just a matter of getting a divorce. He wants to serve me with papers, or have me go to his lawyers since I am not protesting the divorce do I have to do anything and will it cost me money? ...

DC Icon

Is the 6 year rule for settlement of home and assets written in stone or can it be extended?

My husband and I have been separated for 6 years this coming August. Can I ask for an extension to the time limit or can it be extended at all? If my husband who has moved out and is living with someone else and has a home together will not agree on a ...

DC Icon

Mutual divorce

What is the process & conditions of mutual divorce in Toronto & how much time it takes ?

DC Icon

Stock calculation during a divorce

Hi there, I have a question about calculation of stocks during separation. for example prior to marriage I had 100 shares of company X with a value of $1000 ($10 per share). At time of separation I have 200 shares of stock X worth $8000 ($40 per share ...

DC Icon

Can I divorce my spouse who lives in another country

My partner and I are amicable in getting a divorce, nothing to negotiate, she resides in another country and is not planning to return to Ontario. I'm wondering if there is a possibility to file forms online, or must I send the paperwork overseas and h ...

See All Questions
magnifiercrosschevron-down
1
0
Would love your thoughts, please comment.x
()
x