What Weight (If Any) Should Be Attached to Children's Wishes and Views in Child Relocation Disputes? Lessons from Canada

Abstract

This article discusses the participation of children in child relocation disputes in South Africa and Canada. It argues that there is a need for South African courts to recognise the agency of children who are at such a stage of development as to enable them to participate in family law disputes which affect them. It argues that South Africa can learn from Canada which utilises judicial interviews and Voice of the Child Reports to enable children to participate in parental disputes that involve them. This will assist courts to better understand children's views which they should attach adequate weight to without making such views decisive. This article further argues that when reaching their decisions on proposed relocations, courts should indicate that they considered children's views and that they have attached some weight to such views. This article also proposes amendments to the South African Children's Act which, it is hoped, will lead to the effective participation of children in matters that affect them.