In the context of parenting disputes, parents often ask whether their child’s views and preferences will be considered before a decision about them is made – by agreement between the parents, by court order or arbitration award. In other words, will the child have a voice on issues that affect them, like how much time they will spend in the care of each parent, for example. The answer is “yes, they will” but there are two caveats here:
1. Depending on their age, the child may have a voice only but not a choice; and
2. Steps will need to be taken to elicit that voice, put it out there so to speak, particularly (but not exclusively) in the context of a court case.
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