Hello. At what age do children determine thecustody and access arrangements? Hello, I’m Brian Galbraith. I’m the ownerof Galbraith Family Law. We’re a law firm of divorce lawyers with offices in Barrie,Orillia, and Newmarket. There is no exact age when children can decidethe custody and access arrangements. It’s ultimately up to the parents to decide. Failingan agreement, a judge will decide. Judges base their decision on the best interestsof the children. What that means is they consider what schedule or arrangement will best fosterthe overall development of the child. There are many factors that they’ll take into consideration.One of the factors may be the wishes of the
children, depending on the age and maturityof the children. For example, older children will carry greater weight if they are stillmature and of sound mind. Younger children, less weight. For example, a child who is 12years old or older and expresses a wish one way or the other, their wishes will be a significantfactor in deciding the schedule and the arrangements. It is important that you do not simply askyour child what he or she wants to do with regard to the residence schedule. That wouldput your child in the middle. It’s just not fair to your child. It can be psychologicallyharming to the child, and in fact, the judge will not look very favorably on you if you’reasking the child where they want to reside.
If the voice of the child is relevant, whatwe’ll do for you is we’ll help you find the right expert who can interview the child.These experts have particular techniques for interviewing children so as to not psychologicallyharm the child. If this tutorial’s been helpful, please shareit or like it. If you’re ready to move forward in your marriage or separation, please giveus a call. Just go to our website at GalbraithFamilyLaw . You can book a consultation with one of ourlawyers in either Barrie, Orillia, or Newmarket. Thank you.
Child Custody Jurisdiction UCCJEA The Marks Law Firm
The very first question a court must addressin any custody dispute is the issue of jurisdiction â€“ which means whether the court has theauthority to grant the requested relief. To address the issue of jurisdiction, Missourienacted the Uniform Child Custody Jurisdiction and Enforcement Act, or UCCJEA. The purpose of the UCCJEA is to provide oneand only one court in the world to have the ability to consider custody issues in a particularcase. Often parents live in different states, and even different countries, after separating,and one parent may want â€œhome court advantageâ€� or wish to find a state where the parent believesthe law would be more favorable on a particular
issue. To prevent this type of forum shopping,the UCCJEA designates the â€œhome stateâ€� of the child as the exclusive forum for decidingcustody matters. The home state is the state in which the child has resided for the sixmonths preceding the filing of a custody action. So, as an example, if husband and wife livingin Missouri separate and wife moves with the children to Illinois, wife may decide to filein Illinois right away so that Illinois may decide custody. However, if the children havenot lived in Illinois for at least six months, Missouri will remain the home state and thepresumptive forum to hear the case. The key thing to keep in mind is that if,after divorce, one or both of the parents
move to another state, seek out a knowledgeableattorney who can make sure you’re not wasting valuable resources seeking custody decisionsin the wrong jurisdiction.