What weight does a court give to a child's wishes about seeing extended family after separation?
A child's own wishes about seeing extended family, including grandparents, aunts, uncles, or siblings, are one of the factors a court weighs under the best-interests test, and how much they matter depends on the child's age and maturity rather than a fixed formula - an older child's clearly reasoned preference generally carries meaningfully more weight than a young child's stated preference, which can be more easily influenced by whichever household they're currently in.
Courts are also attentive to whether a child's stated wishes appear to reflect genuine personal feelings about the relationship itself, or whether they seem to echo a parent's own views about the extended family member, particularly in high-conflict separations where a child may feel pressure to take sides. This doesn't mean a child's wishes are dismissed - they're a real factor - but they're considered alongside the actual history of the relationship and other evidence, not treated as the final word. Courts typically hear a child's views through appropriate channels, such as a lawyer appointed for the child or a professional assessment, rather than direct questioning by a judge.
Key takeaways
- A child's wishes about extended family are one factor in the best-interests analysis, not the deciding one.
- Weight given depends on the child's age and maturity, with older children's views carrying more weight.
- Courts consider whether a child's stated view reflects their own feelings or a parent's influence.
- Children's views are typically heard through appropriate professional channels, not direct testimony.