The Divorce Act Changes Explained
Best interests of the child
Child's views and preferences
(Section 16(3)(e), Divorce Act)
(e) the child’s views and preferences, giving due weight to the child’s age and maturity, unless they cannot be ascertained;
What is the change
When making decisions about parenting, the court must consider children’s perspectives whenever appropriate.
Reason for the change
Under Article 12 of the United Nations Convention on the Rights of the Child, children who are capable of forming their own views have the right to participate in a meaningful way in decisions that affect their lives, and parenting decisions made by judges and parents affect children directly. The weight to be given to children’s views will generally increase with their age and maturity. However, in some cases, it may not be appropriate to involve children, for example if they are too young to meaningfully participate. This amendment includes language similar to that of the Convention.
March 1, 2021.
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