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The Stand Up for Youth contest was made possible thanks to the financial support of the Human Rights Program of Canadian Heritage.

This project is a joint effort with:

Child Custody Decisions

Caught Between Parents: An Agonizing Choice

Children’s Rights During a Divorce

Every day in Canada and other countries, young people are dealing with the divorce of their parents. This is the story of a 15-year-old Quebecer in this situation. Her name is Caitlin Thomas.

Caitlin is stressed. On top of homework, exams and basketball tournaments, she is worried about something else: her parents are divorcing after years of arguing. Divorce is often painful, and in Caitlin’s case, complicated.

Caitlin lives in New Carlisle in the Gaspé region. Her father is Aboriginal, and Caitlin identifies a lot with Aboriginal culture. But her mother is not Aboriginal, and she is moving soon to Rimouski to live with her new boyfriend. Caitlin’s mother absolutely wants Caitlin to move and live with her. She has already registered Caitlin in an excellent private school with a really good basketball team. Also, this school can help Caitlin achieve her dream of getting into medical school. Although tempting, Rimouski is far from New Carlisle!

Caitlin is not certain she’s ready to leave New Carlisle. It’s the first time in a long time her basketball team stands a good chance of winning the provincial tournament. Also, she can’t imagine living without her friends. She spends almost more time with them than with her parents! Not to mention that she’s been with her boyfriend for more than a year and definitely doesn’t want to leave him behind.

Caitlin’s father doesn’t want her to move to Rimouski. Caitlin doesn’t really know why. She is not very close with her father and they have been avoiding the issue for weeks. Also, her father was always busy with his work and never really there for Caitlin. Maybe it’s because she won’t have any contact with her Aboriginal roots and culture if she leaves with her mother. Only Caitlin’s father can pass this on.

Caitlin faces an agonizing dilemma: should she go to Rimouski or stay in New Carlisle? She will miss her mother, but prefers to stay with her father.

Caitlin wants to have her say about the issue. She is going to court soon to tell the judge why she wants to stay. The judge will make the final decision.

The Contest Question

You are the judge. You heard Caitlin say that she wants to stay with her father. You also heard both parents explain their positions. What is your decision? Should Caitlin leave with her mother, or stay with her father?

Support your answer using the legal rules in both the “Legal Information” section below and the Convention on the Rights of the Child (the “Convention”).

Happy writing!