November 09, 2024

Why Hearing from Kids in Divorce is Important and DANGEROUS!

12 minutes

When parents separate, particularly when there is a lot of conflict, it is common for one parent to say that it is important to listen to what the kids want. That parent wants the other parent, or a judge or arbitrator, to listen to the opinion of the children when setting up parenting arrangements after separation. The UN Convention on the Rights of the Child requires that children be heard in matters that affect them. But, insisting that the other parent, a judge or any other authority listen to the children is one of the most dangerous things that a parent can do. In some circumstances, judges view a parent making that request as evidence that parent should not be caring for the children at all.

In this episode of the Ontario Family Law Podcast, Certified Specialist in Family Law, John Schuman explains why listening to what kids want in the separation and divorce process is a complicated issue. He explains why what kids have to say on child custody issues can be important, but asking them what child custody or parenting arrangements should be after separation is both dangerous in court and harmful to the child. There are some things that judge, arbitrators and parenting mediators want to hear the children's perspective on, and some others things that indicate parental alienation or child abuse.

Listening to kids in divorce is both important and dangerous. This video gives crucial legal tips on how to navigate the perils of hearing from children on child custody and parenting issues. Check out the video version on YouTube.

See the Everclear video here.

If you found this episode helpful, check out these episodes on similar topics:

79. What Am I Legally Required To Do First After Separating?

78. The Rights of Grandparents and other family Members to See Kids

75. When Can You Legally Stop Your Ex From Seeing the Kids?

74. Travelling with Kids After Seperation

61. Can You Move With the Kids After Separation or Divorce?

59. Why You Won't Get Custody of Your Kids

The Ontario Family Law Podcast is a companion to the book, Guide to the Basics of Ontario Family Law. The latest edition, which is up-to-date on all important divorce issues is now available. Get it as a $⁠⁠⁠9.99 Kindle eBook⁠⁠⁠ , or as an ⁠⁠⁠Apple Book for your iPad or iPhone ⁠⁠⁠. Also, you can get it as a ⁠⁠⁠paperback or hard cover from Amazon⁠⁠⁠ or at better bookstores.

TO CONTACT JOHN SCHUMAN:

website: www.schumanlaw.ca

email: [email protected]

Phone: 647-352-6775

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