How has the trial judge considered the views and preferences of a five year old child in a case?
Newfoundland and Labrador, Canada
The following excerpt is from F.F.R. v. K.F., 2013 NLCA 8 (CanLII):
Obviously the views of the five year old child in that case were not those of a mature young adult, but they were none-the-less considered by the trial judge. As stated above, where a court does take the views and preferences of the child into account, the court must be mindful that the child’s views may not represent her or his best interests; as noted by the trial judge in Mercer v. Angelo, it “does not determine the matter”.
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