Does a child's own wishes matter when a court decides a grandparent contact application?
Yes, a child's own views and preferences are one of the factors a court considers under the best-interests test, though how much weight they carry depends on the child's age and maturity, not a fixed rule that applies the same way at every age. An older child capable of expressing a clear, considered view about wanting or not wanting contact with a grandparent will generally have that view given real weight, while a very young child's stated preference, especially if it may reflect a parent's influence rather than the child's own settled view, is treated more cautiously.
A child's wishes are never the only factor, and a court will look at the whole picture - the relationship's history, the reasons behind the child's stated preference, and any signs the view may have been shaped by conflict between the adults rather than by the child's own experience. Courts also have ways of hearing from a child appropriately, such as through a lawyer for the child or a professional assessment, rather than putting a child directly in the position of testifying about which adult they prefer. If a child's wishes are central to your situation, a family lawyer can advise on the appropriate way to have those views brought before the court.
Key takeaways
- A child's own wishes are one factor in the best-interests test, weighted by the child's age and maturity.
- Older children's clearly expressed views generally carry more weight than a young child's stated preference.
- Courts look at whether a child's stated view may reflect a parent's influence rather than the child's own experience.
- Children's views are typically brought before the court through appropriate professional channels, not direct testimony.