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Difference between revisions of "Parenting Apart"
From Clicklaw Wikibooks
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====Children's refusal to visit==== | ====Children's refusal to visit==== | ||
Children can be resistant to change and transitions can be difficult for them. Sometimes children will not want to leave one parent and this could be the result of many things, not necessarily a real desire not to see the other parent. Separation anxiety, misplaced loyalty or simply a reaction to all the changes a child may be facing can be common reasons for resistance to visits. | Children can be resistant to change and transitions can be difficult for them. Sometimes children will not want to leave one parent and this could be the result of many things, not necessarily a real desire not to see the other parent. Separation anxiety, misplaced loyalty, or simply a reaction to all the changes a child may be facing can be common reasons for resistance to visits. | ||
The ''[[Family Law Act]]'' confirms that when determining what parenting plan is in a child’s best interests, the court and the parties must consider the child’s | The ''[[Family Law Act]]'' confirms that when determining what parenting plan is in a child’s best interests, the court and the parties must consider the child’s “...view, unless it would be inappropriate to consider them” (section 37(2)(b)). | ||
There is no age provided in the ''[[Family Law Act]]'' as to when a child’s views are to determine their own parenting schedule. While people typically think the age of 12 is somehow a determining age for when children can make their own decisions on their own parenting schedule, the language of the ''[[Family Law Act]]'' does not specify any particular age when a child's views determine the parenting arrangements. | There is no age provided in the ''[[Family Law Act]]'' as to when a child’s views are to determine their own parenting schedule. While people typically think the age of 12 is somehow a determining age for when children can make their own decisions on their own parenting schedule, the language of the ''[[Family Law Act]]'' does not specify any particular age when a child's views determine the parenting arrangements. | ||
Generally, children should not be responsible for making their own parenting arrangements or be involved in negotiating that issue between their parents. If a child is saying that they | Generally, children should not be responsible for making their own parenting arrangements or be involved in negotiating that issue between their parents. If a child is saying that they do not want to see the other parent, then that is a factor the parents need to consider. A child’s voice must be heard; however, it is important to make the distinction between a child having a “voice” compared to a child making a “choice”. | ||
A child’s interests are not necessarily served by limiting contact with one parent when a child requests it. It is important to know why a child is taking a resistant position and to address any underlying factors that may be affecting the child’s choice in the matter. | A child’s interests are not necessarily served by limiting contact with one parent when a child requests it. It is important to know why a child is taking a resistant position and to address any underlying factors that may be affecting the child’s choice in the matter. | ||
