A Child’s Views & Preferences in the new Divorce Act

Changes to the Divorce Act took effect on March 1, 2021. As the Department of Justice notes, these changes will help parents, family justice professionals and judges consider a child’s views and preferences when making decisions about parenting responsibilities.

The rights of children to have their voices heard (see General Comment 12). It is a positive step that this right is now enshrined in the Divorce Act. What will be important moving forward is how children’s views are taken into account by the courts.

The reasons for the change can be found discussed in more detail here.

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