The court will consider what is in the best interests of the children, taking into account all relevant factors including whether the requests by the children were made voluntarily or under influence/duress. The court will take into consideration the reasons for why the children do not wish to spend time with either parent, the objective situations of the parents and balance this with the right for a child to see both their parents, the age of the children and any reasons that may have influenced their decision/request and the starting presumption that having both parents in a child's life is beneficial.
I am filing a sole divorce application. Separation and property settlement occurred over 2 years ago. We have an 8 y.o. child who by out-of-court agreement lives full time with the mother. Provided my child support payments are up to date, is the divorce court likely to require additional evidence of the parenting arrangements before granting the divorce?