Even if your parents try to influence you or force you to choose between them, you can get help. You can talk about it with: The law states that parents involve the child in decisions that affect him, depending on his age and level of maturity. In the event of separation, each parent must play their part by being present with the child and respecting the child`s relationship with the other parent. The child can express his opinion (if he prefers to live with one of them or if he refuses to go to the other), but it is the parents who jointly determine the conditions of custody (stay with the father or mother or alternative custody) and have this agreement approved by the family court judge. In France, a minor child cannot choose where to live. On the other hand, he may, under certain conditions, ask to be heard by the judge in order to express his wish. His hearing may also be requested by a parent. If it is the child who asks to be heard, his hearing must take place. If one of the parents so requests, the judge may refuse to hear the child. If the child is heard, the judge is not obliged to follow the choice of the minor child.
If a request for a hearing is made, the judge must hear the child. The only exception is that if the request comes from the parents and the judge considers it inappropriate, he or she may refuse to hear the child. I had custody of my son, he went before the judge who asked me to decide to be with me, but the judge decided for 6 months that I would have no more contact, which in fact, in order to prevent the child from being in a tense situation, the judge will usually prefer a meeting outside the presence of the parents. However, in such a case, it is possible that the parents` lawyers will be allowed to attend the meeting and question the child. If you are mature enough, you have the right to express yourself about the time you want to spend with each of your parents. How? In particular, you can: In Quebec, there is no rule that states that a minor child of a certain age can choose to live with one parent and not with another, provided, of course, that he reaches the age of majority. Therefore, a minor child cannot decide which custody arrangements are in his or her best interests, but his or her opinion is heard by the court and may influence the judge`s decision. At the request of a party, the court may order an expert to prepare an expert opinion.
This is useful in a variety of circumstances, even if the court needs clarity on parenting skills, if there are allegations of parental alienation or abuse, or if the different needs of the child are determined. Your opinion is very important to the judge. You need to think carefully before expressing yourself. And there is no law that says that the child can decide without trial to live with one of the two parents, and that the child no longer wants to live and does not have the right to say no at the request of the child? After a separation or divorce, a child may express a desire to live with one of his or her parents or to cease or restrict contact with one of his or her parents. Our family law lawyers in Quebec City, Lévis and Montmagny will tell you about the impact of the child`s wishes and desires on custody arrangements and the impact of their age on the allocation of custody. Your parents separate and disagree on how much time you will spend with each of them. Is it up to you? Can you make your opinion heard? For example, a child who is in shared custody. If the evidence shows that one parent denigrates the other parent on a daily basis, it is possible that the child`s opinion has been manipulated. So it`s not a question of age. The court will hesitate if it appreciates the wish of the child who asks to live with the denigrating parent and to reduce the access of the denigrating parent. As long as the child is a minor (under 18 years of age), he or she cannot decide alone which parent to live with during a separation. But he can say what he thinks.
Since there are no contraindications, it is often suggested that parents promote contact with the other parent, even if the child no longer wants to leave. Several solutions are now available, such as parental coaching, to help the family release blockages if the child is blocked at the level of resuming access. For children under the age of 12, psychosocial expertise can also be helpful. While it is the child`s desire to stop seeing the other parent, it can have a long-term impact on their personal development and an expert`s recommendations can be very helpful. If the separated parents do not agree on the custody of their child, the child can clearly express his or her opinion. Should a child`s wishes for custody be respected? Therefore, in the context of a procedure for determining or changing residence (divorce or simple separation of parents), the child must be informed of what he or she can request to be heard. As part of the hearing before the judge, the child may benefit from a lawyer. The child must then first meet during an appointment with the chosen or appointed lawyer. The child`s lawyer must then determine whether: In general, judges agree to do what the teens require about the time they want to spend with each of their parents To assert their position, children have the right to be represented by a lawyer, provided they have the necessary judgment and maturity. In general, we are talking about the appointment of a child at the age of 8 years and older. The appointment of a lawyer is often preferable to prevent children from being directly exposed to legal proceedings.
The lawyer`s fees for the child are divided between the parents. In the vast majority of cases, legal aid manages the financial aspect of children`s legal fees. The legal advisor is then questioned by the parents about their respective shares. It can be difficult to ask a child to testify about custody in court in the presence of their parents. There are different mechanisms that allow the child to express himself in a more optimal context. My son is 11 years old and wants more than anything to live with me, does his father have the right to choose? The child is then heard by the judge in his office and essentially without his parents. However, in some cases, the judge may decide to hear the child in the presence of one or more other persons. Ultimately, the decision rests with the judge.