“The best interests of children are not necessarily the same as the wishes of the children or of the parents: see Kaplanis v. Kaplanis, 2005 CanLII 1625, at paras. 10 and 13. (Ont. C.A.). Given that the children are 9 and 11 years old, their views are relevant but not determinative. Although stated with respect to custody (now decision-making), not parenting time, Julien D. Payne and Marilyn A. Payne, Canadian Family Law, 5th ed. (Irwin Law, 2013) addresses the child’s preferences when determining the best interests of the child in custody disputes:
The best interests of a child are not to be confused with the wishes of the child, but a child’s views and preferences fall within the parameters of a child’s best interests. When children are under nine years of age, courts do not usually place much, if any, reliance on their expressed preference. The wishes of children aged ten to thirteen are commonly treated as an important but not a decisive factor. The wishes of the children increase in significance as they grow older and courts have openly recognized the futility of ignoring the wishes of children over the age of fourteen years.”