When parents are going through a divorce or separation it affects everyone in the family, but it is an especially difficult time for the children. The family dynamic they have known for their entire life is now changing and they may feel like they have no control over what happens. Some parents, when seeing their children struggle with the changes, try to give their children some control back, by telling them that when the time comes, they can choose with which parent they would like to live with. However, in Ontario children are not able to choose which parent they want to live with until they reach the age of majority, which is 18. This is often a surprise for the parents and children.

Below we cover additional information regarding Ontario family law and how it pertains to children during a divorce or separation that may help answer any questions you may have.

Decision-making responsibility and parenting time

When it comes to deciding how the decision-making responsibility for children is divided in Ontario, the courts prefer that the parents agree on a parenting agreement at the time of separation. It is definitely quicker and easier when couples are able to decide on an agreement that works for both of them and their children. These agreements are often influenced by the feedback from family law mediators and other professionals. In the scenario where the parents are not able to mutually agree on a parenting arrangement the court may get become involved to rule on decision-making responsibility and parenting time. The primary concern of the judge is to ensure the best interests of the children are at the center of his/her decision. The older and more mature a child is, the more their opinions and preferences will be taken into consideration by the court.

What if a child doesn’t want to live with one of the parents anymore?

As stated above, in Ontario a child cannot choose which parent they want to live with until they reach the age of majority. However, the courts will listen to a child’s preferences and based on the child’s maturity, their ability to express their feelings and the reasoning for their views, the judge will decide how strongly they will consider the child’s preferences in their decision for parenting arrangements. With younger children, their preferences do carry less weight on the decision of the courts as they can more easily be influenced by a parent, it may be difficult for a child to express their true feelings regarding a parent and finally because often younger children’s opinions about their parents change frequently based on recent events.

Help from Family Law Attorney

A family law attorney will answer questions such as can my child decide who they want to live with, provide advice, assist in creating a parenting agreement and review the final draft of a parenting agreement. In the situation where the parents are not able to agree on a parenting arrangement, a family law attorney will help guide you through the proceedings and will ensure your rights are protected.

At Sage Law Group we offer comprehensive family law services in Barrie and South Eastern Ontario, our team will assist you in formulating a plan which will allow your child have their opinion and preferences heard in your family law proceeding. Please give us a call today 705-735-0003 and let us help you.

Published On: March 28th, 2022 / Categories: Family Law /