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Answered in 30 minutes by:
11/22/2011
VerifiedDebra Thal (username) :
What does your agreement or order say?
Debra Thal (username) :
Does your child live with you?
Debra Thal (username) :
So he wants Friday, Saturday and then to return him at noon on Sunday?
Debra Thal (username) :
And you are saying he should have him Sunday, you would have him Saturday and Friday is your weekend anyway.
Debra Thal (username) :
So what is the reason he wants Friday?
Debra Thal (username) :
How old is your son?
JACUSTOMER-d6k3x2qt- :
My child does live with me.
JACUSTOMER-d6k3x2qt- :
That is correct. Friday, Saturday and return him at 12:00pm Sunday. I did offer him Sunday as it would be his year for Christmas Day and it falls on my weekend. Consent order doesn't specify holidays. The reason he wants Friday is because he just wants it. He has visitation every second weekend and the Wednesday after his weekend. My son will be 10 in February.
Debra Thal (username) :
Your son is too little to consider his opinion.
Debra Thal (username) :
I can see his point about wanting Christmas Eve but I don't get the Friday.
Debra Thal (username) :
He has no right to the Friday as far as I understand it.
Debra Thal (username) :
But I guess you should decide based on what is truly in the best interests of your little boy and tell the father that's your decision and why it is so.
Debra Thal (username) :
Otherwise perhaps consider hiring a mediator because the concern is that this is going to happen more as the years go on.
JACUSTOMER-d6k3x2qt- :
As he's too little to have an opinion, how old does he have to be?
Debra Thal (username) :
There is not set age limit but he's little to have to make a decision. And little to be involved in this really.
However, if he already knows what is going on or at least if his preference for doing things on certain days is clear then that's good information the father should have.
Debra Thal (username) :
I have to run out to pick up a kid. I will be back in about 15 minutes if you still need me.
Debra Thal (username) :
I am back.
JACUSTOMER-d6k3x2qt- :
If there is no set age limit, how is it determined? He keeps asking when he can say he doesn't want to go to his father's. He has plenty of people telling him one day he can decide if he wants to go or not. I just tell him I don't know. He is very miserable everytime he has to go. It is not a good situation for him.
Debra Thal (username) :
In most provinces he cannot really decide until he is an adult.
Debra Thal (username) :
In Ontario it's 16.
Debra Thal (username) :
But as he gets older his wishes will be given more and more weight.
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