What is the state of mind of a child when they say they want to live with their parents?
Ontario, Canada
The following excerpt is from T.L.B.L. v. T.E.M., 2021 ONSC 8235 (CanLII):
The state of mind exception to the hearsay rule has been relied upon for children’s views and preferences, for example, where the child says she wants to live with mother, or he says I want two days with father. This, of course, is a limited purpose. The purpose is said to capture the child’s feelings at the time the statements were made. See: Children’s Aid Society of Algoma v. J.B., 2018 ONCJ 834, at para. 13.
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