When a child turns 13

When a young person turns 13, can they decide which parent they want to stay with even though the court order says 60% of the time with the mom and 40% for the dad?

Asked over 8 years ago in Vancouver island, British Columbia
Categories: Family Law

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Terrance E. Hudson

Answer by Terrance E. Hudson

VerifiedBritish Columbia lawyer

The Courts generally start listening to what kids want by age 12; the child's opinion needs to be canvassed by an independent 3rd party to be presented to the court so as to ensure no one is influencing the child.  
The parent that the child wishes to live with then has to do something to vary the order. 

Posted over 8 years ago

Terrance E. Hudson Barrister & Solicitor www.hudsonlawyers.ca

All answers provided by Terrance E. Hudson on Advice Scene are provided for information purposes only and are not offered as legal advice. Please note that this response to your question is for informational purposes only and does not constitute legal advice to you. Legal advice pertaining to your particular situation can only be given by a lawyer who has met with you to obtain all pertinent background information necessary to give you a formal legal opinion. For formal legal advice, hire a lawyer (many give a free first consultation). Search the Lawyer Directory, or use Lawyer Connect. You may also may arrange a consultation about your issues by by visiting our website at www.hudsonlawyers.ca and requesting a consultation. Consultations may occur in person or via telephone at your convenience. Again, this information is not intended as legal advice, nor should it be relied upon as legal advice. This information is provided to assist you in understanding the law. As with all legal issues, you should consult a lawyer in your jurisdiction with respect to your case as that lawyer will fully appreciate the facts, as conveyed by you, and can provide an informed opinion based on your facts and the current state of the law in your province. The writer, Terrance E. Hudson, of this answer does not accept any liability or responsibility for your use or interpretation of this answer, rather it is provided for information purposes only.

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