In what case could a child’s wishes not be considered by the court?

The court often engages with the wishes of a child in custody or guardianship matters, but there are particular circumstances in which a child's preferences may not be considered. One of those scenarios occurs when a child is unable to communicate effectively. If a child cannot articulate their feelings or desires due to issues such as developmental delays, significant emotional distress, or language barriers, the court would not be able to assess their wishes accurately. This inability to communicate means that the child's perspective cannot be presented or understood in a way that would inform the court's decision-making process.

In other situations, such as when the child is very young or expresses conflicting emotions, the court might still consider the child's wishes to some degree, albeit with caution or in conjunction with expert assessments. Furthermore, if a child is capable of expressing their wishes and comprehending the implications of those choices, the court generally gives those preferences significant weight in its considerations.