What is the test for a court to determine whether a 15-year-old is in the best interests of his or her?
Ontario, Canada
The following excerpt is from Oickle v. Beland, 2012 ONCJ 778 (CanLII):
[88] As L’Heureux-Dubé J. said in Young v. Young, 1993 CanLII 34 (SCC), 1993 CanLII 34 (SCC), [1993] 4 S.C.R. 3, “courts must be directed to create or support the conditions which are most conducive to the flourishing of the child” (p. 65 (emphasis added))… When applied to adolescents, therefore, the “best interests” standard must be interpreted in a way that reflects and addresses an adolescent’s evolving capacities for autonomous decision making. It is not only an option for the court to treat the child’s views as an increasingly determinative factor as his or her maturity increases, it is, by definition, in a child’s best interests to respect and promote his or her autonomy to the extent that his or her maturity dictates. . . .
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