Acts and Regulations

F-2.2 - Family Services Act

Full text
Consideration of wishes of child
Repealed: 2023, c.36, s.13
2023, c.36, s.13
6Repealed: 2023, c.36, s.13
2016, c.37, s.66; 2019, c.2, s.54; 2023, c.36, s.13
Consideration of wishes of child
6(1)In the exercise of any authority under this Act given to any person to make a decision that affects a child, the child’s wishes, where they can be expressed and where the child is capable of understanding the nature of any choices that may be available to him, shall be given consideration in determining his interests and concerns, and the interests and concerns of the child shall be given consideration as distinct interests and concerns, separate from those of any other person.
6(2)Where the wishes of a child have not been or cannot be expressed or the child is incapable of understanding the nature of the choices that may be available to him, the Minister shall make every effort to identify the child’s interests and concerns and shall give consideration to them as distinct interests and concerns separate from those of any other person.
6(3)A person who is authorized under this Act to make a decision that affects a child may, in order to comply with subsection (1), consult directly with the child, in which case he shall do so in camera unless he determines that to do so would not be in the best interests of the child; and in consulting with the child in camera the person may exclude any person, including any party to a proceeding and his counsel, from participating in or observing the consultation.
6(4)In any matter or proceeding under this Act affecting a child, whether before a court or any person having authority to make a decision that affects a child, the child has the right to be heard either on his own behalf or through his parent or another responsible spokesman.
6(5)In any proceeding under this Act the court may waive any requirement that the child appear before the court where it is of the opinion that it would be in the best interests of the child to do so and the court is satisfied that the interests and concerns of the child with respect to the matter before the court will not be thereby prejudiced.
2016, c.37, s.66; 2019, c.2, s.54
Consideration of wishes of child
6(1)In the exercise of any authority under this Act given to any person to make a decision that affects a child, the child’s wishes, where they can be expressed and where the child is capable of understanding the nature of any choices that may be available to him, shall be given consideration in determining his interests and concerns, and the interests and concerns of the child shall be given consideration as distinct interests and concerns, separate from those of any other person.
6(2)Where the wishes of a child have not been or cannot be expressed or the child is incapable of understanding the nature of the choices that may be available to him, the Minister of Families and Children shall make every effort to identify the child’s interests and concerns and shall give consideration to them as distinct interests and concerns separate from those of any other person.
6(3)A person who is authorized under this Act to make a decision that affects a child may, in order to comply with subsection (1), consult directly with the child, in which case he shall do so in camera unless he determines that to do so would not be in the best interests of the child; and in consulting with the child in camera the person may exclude any person, including any party to a proceeding and his counsel, from participating in or observing the consultation.
6(4)In any matter or proceeding under this Act affecting a child, whether before a court or any person having authority to make a decision that affects a child, the child has the right to be heard either on his own behalf or through his parent or another responsible spokesman.
6(5)In any proceeding under this Act the court may waive any requirement that the child appear before the court where it is of the opinion that it would be in the best interests of the child to do so and the court is satisfied that the interests and concerns of the child with respect to the matter before the court will not be thereby prejudiced.
2016, c.37, s.66
Consideration of wishes of child
6(1)In the exercise of any authority under this Act given to any person to make a decision that affects a child, the child’s wishes, where they can be expressed and where the child is capable of understanding the nature of any choices that may be available to him, shall be given consideration in determining his interests and concerns, and the interests and concerns of the child shall be given consideration as distinct interests and concerns, separate from those of any other person.
6(2)Where the wishes of a child have not been or cannot be expressed or the child is incapable of understanding the nature of the choices that may be available to him, the Minister shall make every effort to identify the child’s interests and concerns and shall give consideration to them as distinct interests and concerns separate from those of any other person.
6(3)A person who is authorized under this Act to make a decision that affects a child may, in order to comply with subsection (1), consult directly with the child, in which case he shall do so in camera unless he determines that to do so would not be in the best interests of the child; and in consulting with the child in camera the person may exclude any person, including any party to a proceeding and his counsel, from participating in or observing the consultation.
6(4)In any matter or proceeding under this Act affecting a child, whether before a court or any person having authority to make a decision that affects a child, the child has the right to be heard either on his own behalf or through his parent or another responsible spokesman.
6(5)In any proceeding under this Act the court may waive any requirement that the child appear before the court where it is of the opinion that it would be in the best interests of the child to do so and the court is satisfied that the interests and concerns of the child with respect to the matter before the court will not be thereby prejudiced.