What is the test for determining whether a 13 year old boy's desire to live with his mother is sufficient to settle his own future?
British Columbia, Canada
The following excerpt is from Phipps v. Phipps, 2010 BCSC 1738 (CanLII):
In McGowan v. McGowan 2001 BCSC 1070, Tysoe J., who was then of this court, awards custody of a 13 year old boy to his mother for the reason that he was satisfied that the boy was sufficiently mature that his desire to live with his mother should be the decisive factor. But he concludes that the boy’s 11 year old brother was not sufficiently mature to “settle his own future”.
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