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My children are involved in court ordered reunification therapy with their father whoabandoned them and lives abroad. The children have not seen him for over 2 years. He does this therapy online while the children are at the psychologist's office. They are twins and have turned 15 this month. Can they be compelled to engage in this therapy or to have any kind of contact with their father at this age? I read on an Alberta lawyer's website that compelling children at the age of 14 or older becomes an offence. Is this the case?
017 months ago
Dawn Nelson - Dawn L. Nelson, Barrister & Solicitor (Edmonton) Verified Lawyer
I am not clear what you mean by "compelling children at the age of 14 or older becomes an offence" and you may need to contact the owner of the website to clarify the context in which they made that statement.
In general, the legal age to make decisions for oneself in Alberta is 18, although health care law allows children 14 and older to make certain medical decisions without the input of their legal guardian(s). The medical practitioner needs to undertake an assessment to determine if the child is a "mature minor" who understands the nature and effect of the decision they are making.
In divorce and family law matters, we start with the presumption that there should be maximum contact with both parents so long as it is consistent with the child's best interests. In this case, seeing as you have a court order for the therapy, it appears that a Justice has already determined that this therapy is in the children's best interests, so the short answer is yes, you need to keep taking them to the appointments with the therapist.
However, the longer answer is that you really must contact a lawyer who can obtain more detailed information and provide case-specific legal advice for your unique circumstances. There may be a material change in circumstances that would warrant revisiting the court order, or you may want to explore having counsel appointed for the children. This is a much more in-depth and personal discussion than what can be addressed on a website.
117 months ago
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