Does the preference of a child of nine matter?
British Columbia, Canada
The following excerpt is from C.H.J. v. C.D.J., 2004 BCSC 692 (CanLII):
In SED v. GSD 2002 BCSC 373, at paragraph 42, Edwards J said that the preference of a child of nine “may be given some weight, but it is not determinative.” He held that it was a matter of discretion as to whether the court takes the views of any child into account, and that the court was not bound by the preference of a child.
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