Can A 12 Year Old Decide Which Parent To Live With In Ontario?

Can CPS take my child for a messy house?

To answer your question, yes CPS can take your child if they deem the mess a risk but they can’t keep them for longer than 5 days without a court order.

Judges get very upset with us if we overstep legal boundaries so many child protection agencies play it safe, especially if parents have a good lawyer..

What do I do if my child refuses to visit the father?

You do have to physically take the child to the place of handover as ordered by the Court. It is not enough to simply take the child to handover. If the child says they do not want to go, you have a positive obligation to encourage the child to spend time with the other parent.

There is no specific age at which you can decide where you want to live. The answer to this depends on your situation. The courts may seek a child’s opinion when the child is 12 or older. There have been some cases in which the child’s opinion was considered when the child was under 12.

Can a 13 year old decide who they want to live with?

A child does not get to dictate who they live with or the terms of visitation until they are of the age of majority. Their wishes are a factor that a court will consider, and the older they are the more likely a court will consider the wishes.

At what age can a child refuse to see a parent in Ontario?

Others may say that no child under the age of 16 can choose which parent to live with. Or you may have been told that Ontario’s child custody age is somewhere around 12.

How do you prove a parent is unfit for custody in Ontario?

Determining an Unfit Parent in 2020Setting Age-Appropriate Limits. … Understanding and Responding to the Child’s Needs. … History of Childcare Involvement. … Methods for Resolving the Custody Conflict with the Other Parent. … Child Abuse. … Domestic Violence. … Substance Abuse. … Psychiatric Illness.More items…•

What evidence do I need to prove an unfit parent?

Gather any of the following evidence that you can:Pictures, video, and audio files showing injuries, physical abuse, or verbal abuse;Medical records for treatment related to injuries to the child;Criminal records of the parent; and.Emails, texts, and voicemails from the parent.

Can a 12 year old choose which parent to live with in Ontario?

Generally a child cannot decide which parent they want to live with. But as a child gets closer to the age of majority, which is 18 years old in Ontario, they have more say about where and with whom they live. And it is rare for a court to make a custody and access order about a child who is 16 years old or older.

Can a 12 year old child decide which parent to live with?

There is no ‘Magic Age’ There is no fixed age when a child can decide on where they should live in a parenting dispute. Instead their wishes are one of many factors a court will consider in reaching a decision.

Can a child choose not to visit a parent in Ontario?

The recent Ontario Court of Appeal case, Godard v Godard, offers custodial parents some guidance on what measures they could be expected to take to ensure the child attends visits with the access parent. … But once the order is made, a parent cannot leave the decision to comply with the access order up to the child.

What age can a child decide they don’t want to see a parent?

At the age of 10 or 11 for example, a child’s wishes may be considered by a court but would not be the determining factor in any decision. The court would look at all factors in deciding what is in your child’s best interests.

At what age can a child refuse visitation?

Most judges understand that once a child reaches their teens (14 /15 /16 /17), it certainly is difficult to force them to visit with a noncustodial parent when they are adamant about not seeing them, but it truly is not the child’s decision.