Law360 Article: How Much Weight Do Courts Give a Child’s Preferences?

In parenting disputes, parents sometimes assume that a child’s stated preference about where they want to live or how parenting time should be arranged will determine the outcome. In practice, Ontario family courts take a much more careful approach.

In a new article published by Law360 Canada, Fine & Associates principal Lorne J. Fine examines how courts assess the voice of a child and, specifically, how much weight a child’s wishes should receive when determining their best interests.

The article, “Voice of the child: How do courts assess the weight to give a child’s preferences?”, looks closely at Voice of the Child Reports (VOCRs) and the case law surrounding their use in family proceedings.

While a child’s views can carry significant weight, they are not determinative. Courts consider factors including the child’s age and maturity, how clearly and consistently their wishes have been expressed, how informed those views are, and whether the preference appears to have been independently formed.

Lorne also examines an especially difficult issue in high-conflict parenting cases: parental influence. Recent decisions show that where a court concludes a child’s stated views have been coached or heavily influenced by a parent, those views may be given significantly less weight, or potentially no weight at all.

As Lorne explains, getting a child’s voice before the court and persuading the court to give that voice significant weight are two separate questions. The independence and reliability of the child’s expressed views remain central to the analysis.

Read Lorne Fine’s full article in Law360 Canada:
Voice of the child: How do courts assess the weight to give a child’s preferences?

This post is for general information only and does not constitute legal advice.