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Motion granted to change primary residence of 12-year-old based on his clear and consistent wishes.
The applicant father brought a motion to change the primary residence of his 12-year-old son from the respondent mother's home to his own.
The child had consistently expressed a strong desire to live with his father for almost three years.
The court found that the mature adolescent's clear and consistent wishes constituted a material change in circumstances.
Applying the best interests of the child test, the court granted the motion, allowing the child to relocate to the father's primary care while maintaining joint custody and generous access for the mother.
The court changed the child's primary residence based on his mature and consistent wishes.
A motion by the father for a change in primary residence of the child from the mother to the father.
The child, age 12, had consistently expressed a desire to live with his father for nearly three years.
The court found that the child's clear, consistent, and mature wishes constituted a material change in circumstances.
After applying the best interests analysis under the Children's Law Reform Act, the court granted the motion, permitting the child to move to the father's primary residence while maintaining joint custody and liberal access for the mother.
The court emphasized the importance of respecting a mature adolescent's autonomous decision-making capacity.
