How important are teenage children’s views in family law disputes?

HMH v JE, 2023 BCSC 922, a trial decision in which I was counsel for the claimant father, demonstrates the deference given by Courts to the preferences of teenagers in custody disputes. This was a family law decision in which the trial judge found that the respondent mother should no longer exercise parenting time or parenting responsibilities over the parties’ 16-year-old daughter.

The parties had a shared parenting arrangement confirmed in a consent order from December 2010. The order provided for joint custody and guardianship over the parties’ daughter pursuant to the Divorce Act, RSC 1985, c 3 (2nd Supp). The Divorce Act does not mention custody or guardianship. Instead, it contemplates the allocation of parenting time and decision-making responsibility.

The trial judge found that it was not in the daughter’s best interests for her mother to exercise parenting responsibilities. The mother had called her daughter numerous rude and hurtful names, which contributed to her daughter’s distress and poor opinion of herself. The daughter did not want contact with her mother and did not want her mother to exercise decision-making authority over her because she did not trust her mother to act in her best interests. Conversely, the father had a strong, affectionate, and respectful relationship with his daughter.

In assessing the views and preferences of the daughter, the trial judge held that particular weight should be given because the daughter was a competent and thoughtful, 16-year-old. The Court stated that the views of a child who is the subject of a parenting order carry increasing weight with age.

The case illustrates that courts will rarely attempt to override the considered views of a competent, older teenager concerning parenting time. The courts give heightened respect to more mature individuals. The courts also recognize that teenagers will make their own decisions as to where they will live, such that parenting orders must reasonably conform to these wishes to be practical.

If you have questions about custody, guardianship, or other family law matters, feel free to contact Jimmy Peterson or any member of our Family Law Group. You can also stay informed by exploring our most recent blog posts here.