103 §Principles in International Conventions, such as the UN Convention on the Rights of the Child (UN CRC), help inform the contextual approach to the interpretation of the provincial family law legislation as well as the Divorce Act Michel v. [...] The right to have those views given due weight in accordance with the child’s age and maturity §This “right to be heard” specifically applies to any judicial proceeding affecting the child: Article 12(2) 4 Divorce Act Requirements: the Child’s Views and Preferences §Court shall consider the child’s views and preferences, giving due weight to the child’s age and maturity, unless they cannot be asce. [...] 4 8 Meaningful Participation TO PARTICIPATE MEANINGFULLY, CHILDREN SHOULD: Be informed, at Be given the Have a say in Be informed of Have their views the beginning of opportunity to the manner in both the result considered in a the process, of fully participate which they reached and the substantive way their legal right to early and participate way in which their be heard throughout the views hav. [...] Instead, it can: § Enable children to be more involved and connected with the proceedings § Make sure the judge has understood the views and feelings of the child § Make sure the child understands the judge’s task and the nature of the court process § Judicial interviews can take place in addition to other methods of obtaining views § They can be used at any stage of the court process 23 G (BJ) v. [...] 92 Justice Abella 25 The Best Interest Test is Discretionary The best interests of a child are not to be confused with the wishes of the child, but a child’s views and preferences fall within the parameters of a child’s best interests.
- Pages
- 35
- Published in
- Canada
