B.J.G. and D.L.G.
Yukon Supreme Court
2010 YKSC 44 (2010)
- Written by Meredith Hamilton Alley, JD
Facts
A father and mother had a child, K. The father and mother divorced, and the Yukon Supreme Court entered a custody order that did not reflect whether K. had an opinion about his custody or whether he was willing to express his opinion to the court. Later, K. asked to spend alternating weeks with the mother and father rather than adhere to the custody order. The father and mother agreed to alternate weeks. When K. was 12 years old, the father and mother had a dispute about child support. The father filed an application in the Yukon Supreme Court seeking to modify the custody order, and the mother filed an opposing application. Neither the father nor the mother asked the court to formalize the alternating-weeks agreement; instead, the father and mother asked the court for different arrangements. The child-support dispute was the only reason the mother and father filed the applications. In considering the applications, the court asked for arguments regarding whether the court should hear K.’s opinion on his custody. K had formed an opinion about a change of custody but was unwilling to express his opinion to the court or to his father or mother.
Rule of Law
Issue
Holding and Reasoning (Martinson, J.)
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