When will a court follow the wishes of an older child who wants to live with her older child?
Ontario, Canada
The following excerpt is from Peters v. Smith, 2011 ONSC 4255 (CanLII):
I was referred to several cases by both parties with respect to the wishes of an older child and when those wishes should be given paramouncy by the court and when they should not. Interestingly, neither side referred to a decision I was involved in, Reeves v. Reeves, [2001] O.J. No. 308, 102 A.C.W.S. (3d) 1116 (Sup. Ct.), where I would not follow the wishes of a 16 year old boy who wanted to live with his father because of parental alienation by the father. I reviewed the law in this area in that case. The evidence of alienation in that case was overwhelming.
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