One common myth in family law in Manitoba is that Judges talk to children in custody cases. Some parents believe their child will be asked who they want to live with.
The dangerous part of this myth is that occasionally parents will go so far as to share this misinformation with the children, no doubt causing that child great anxiety.
In Manitoba, Judges are only willing to hear about a child's wishes once they are mature enough to voice an opinion, usually around the time they become a teen. Our Judges will only
hear a child's wishes through a third party - a counsellor, social worker doing a family assessment, or an amicus curae (normally a lawyer appointed to present the child's views to the court).
In other Canadian and international jurisdictions, Judges will speak to children during a court case. They use the interview to assess the child's wishes and to clarify some of their parents' conflicting evidence. The interview can also be a way for the child to ask some questions and understand a little better what is going on between their parents and the whole court process.
The Canadian Bar Association has published a very interesting article on the topic of Judges talking to children. The article includes the results of extensive surveys on the topic. One thing that becomes clear - perhaps our Manitoba Judges should take a closer look at this option.
The link to the article is below:
http://www.cba.org/CBA/sections_family/newsletters2013/interviews.aspx
In Manitoba, Judges are only willing to hear about a child's wishes once they are mature enough to voice an opinion, usually around the time they become a teen. Our Judges will only
hear a child's wishes through a third party - a counsellor, social worker doing a family assessment, or an amicus curae (normally a lawyer appointed to present the child's views to the court).
In other Canadian and international jurisdictions, Judges will speak to children during a court case. They use the interview to assess the child's wishes and to clarify some of their parents' conflicting evidence. The interview can also be a way for the child to ask some questions and understand a little better what is going on between their parents and the whole court process.
The Canadian Bar Association has published a very interesting article on the topic of Judges talking to children. The article includes the results of extensive surveys on the topic. One thing that becomes clear - perhaps our Manitoba Judges should take a closer look at this option.
The link to the article is below:
http://www.cba.org/CBA/sections_family/newsletters2013/interviews.aspx
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