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Caution:  This page contains ONLY GENERAL LEGAL INFORMATION. 
It is NOT LEGAL ADVICE nor a replacement for talking to a lawyer
and getting legal advice about your case.    
The law can be complicated and the details of a case can be even more complicated! 
There are exceptions for every rule. 

 

What you do not know can harm you.  Do not rely on general legal information.

AT YOUR OWN RISK.

WISHES OF THE CHILD

The wishes of the child regarding decisions related to their parenting are important.  The law requires the wishes of the child, if they can be determined, to be considered.  This does NOT mean that a child has the authority to make the decision or that their wishes will determine the result.  The child's wishes are a factor in the decision ... how much weight it is given depends on the maturity of the child and the reasoning behind their wishes.

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Pressuring or influencing (in an inappropriate was) a child to express the wishes you want them to will be considered by a judge as harmful to a child and the expression of wishes unreliable.  Great care should be taken in discussion any issues in dispute with the child.

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How Wishes of Child Are Brought Before Court?

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  1. (Sworn) Statements of the child.  Written statements of the child are treated with great suspicion by the court.  There are concerns that the child may be the result of pressured or undue influence.  Such statements usually lack context.  Often, a court will refuse to accept such a statement.  This is particularly true if the statement comes through one of the parties to the dispute.
     

  2. (Sworn) Statements of through party.  A party may make a statement about the child's wishes.  However, if there is a dispute about the child's wishes, this statement may have little weight.  
     

  3. (Sworn) Statements of through third party.  There will be an issue about the neutrality of this third party and their expertise in obtaining a true and informed understanding of the child's wishes.
     

  4. Wishes of Child Report.  The Office of the Children's Lawyer may prepare a Wishes of the Child Report for the court.  It is done by a clinical investigator (social worker) with training in this.  Other qualified professionals may prepare such a report, but this is rare.
     

  5. Professional assessments regarding Parenting Arrangements.  A clinical investigator (social worker), phycologist, psychiatrist, or other expert may prepare a report on the issue of a parenting arrangement.  This report can contain the wishes of the child.  It may be prepared by the Office of the Children's Lawyer or an independent expert.  There are strict rules regarding such reports.
     

  6. Interview by judge.  Following certain practices, the judge might speak directly to the child to determine the child's wishes.

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