What is the role of the court in determining the custody of a young child between 7 and 11 years old?

Ontario, Canada


The following excerpt is from Graham v. Stone, 2016 ONCJ 268 (CanLII):

[90] In Figliano v. Figliano, Mesbur J. made clear that the custodial views and preferences of three children between 7 and 11 years of age are not determinative. They may not even reflect the child’s true wishes. They are just one factor for the court to consider in making its decision. As she wrote: I want to make clear at the outset that the children do not have to choose which parent to live with. That is not their job. It is their parents' responsibility to make that decision, in their best interests. When their parents cannot agree, then the responsibility falls to the court. My role is to take on that task, and to make the decision of what is best for the children. Their wishes are only one factor to consider. What children say they want is not necessarily what is best for them? What children say they want does not necessarily reflect their real wishes. It is important that both of the parents, the children, and both extended families understand this.[18]

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