“The father shared his conviction with A.R. that there is “a rule” that at 16 she can make her own decisions and orders of custody will not be enforced against her. The language used by them in this regard mirror one another. The father’s entire position during the motion rested on this “rule”.
The case law does not support his position. At the age of 16 a child can withdraw from parental control. There are also certain rights and autonomy afforded to a 16-year old child under the law. A summary of some of these rights can be found in L. (N.) v. M. (R.R.), 2016 ONCA 915 (Ont. C.A.) (“N.L.”), starting at paragraph 112. That does not mean that every 16-year old can dictate where they live or ignore court orders with respect to custody and access, or that every sixteen-year old can withdraw from parental control.”
Reid v. Reid, 2019 ONSC 5621 (CanLII) at 28-29