Hello. At what age do children determine the custody and access arrangements? Hello, I’m Brian Galbraith. I’m the owner of Galbraith Family Law. We’re a law firm of divorce lawyers with offices in Barrie, Orillia, and Newmarket. There is no exact age when children can decide the custody and access arrangements. It’s ultimately up to the parents to decide. Failing an agreement, a judge will decide. Judges base their decision on the best interests of the children. What that means is they consider what schedule or arrangement will best foster the overall development of the child. There are many factors that they’ll take into consideration. One of the factors may be the wishes of the.
Children, depending on the age and maturity of the children. For example, older children will carry greater weight if they are still mature and of sound mind. Younger children, less weight. For example, a child who is 12 years old or older and expresses a wish one way or the other, their wishes will be a significant factor in deciding the schedule and the arrangements. It is important that you do not simply ask your child what he or she wants to do with regard to the residence schedule. That would put your child in the middle. It’s just not fair to your child. It can be psychologically harming to the child, and in fact, the judge will not look very favorably on you if you’re asking the child where they want to reside.
If the voice of the child is relevant, what we’ll do for you is we’ll help you find the right expert who can interview the child. These experts have particular techniques for interviewing children so as to not psychologically harm the child. If this tutorial’s been helpful, please share it or like it. If you’re ready to move forward in your marriage or separation, please give us a call. Just go to our website at GalbraithFamilyLaw . You can book a consultation with one of our lawyers in either Barrie, Orillia, or Newmarket. Thank you.