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RG v KG [Withdrawal from Parental Control]

JFCY represented OG, the young person in this case.

Brief details: OG withdrew from parental control and made an application for a Declaration from the Superior Court to that effect. The Declaration was granted. Her parent, RG, sought to be added as a party to the proceedings and for enforcement of the prior custody order granting the parent sole custody. The parent’s request was denied by the Superior Court and the parent appealed this to the Ontario Court of Appeal.

The Ontario Court of Appeal upheld the Right to Withdraw from Parental Control at the age of 16; the Declaration of the Superior Court; and declared that the issue of custody is therefore moot. In their decision, at paragraph 67, the Court also stated that, “(this) appeal demonstrates the importance of the emerging movement to incorporate the voice of the child in all matters concerning minors.”

Ontario Court of Appeal decision

 

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