States Parties shall assure to the child who is capable of forming his or her own views the right to express those views freely in all matters affecting the child, the views of the child being given due weight in accordance with the age and maturity of the child. For this purpose, the child shall in particular be provided the opportunity to be heard in any judicial and administrative proceedings affecting the child, either directly, or…
Trans Children's Rights in Custody Cases
The case of NK v AH, 2016 BCSC 744, created a heartening precedent for transgender children in BC. JK, the child of NK and AH, was receiving gender affirming medical intervention to prevent the onset of puberty. He had already socially transitioned to express as a boy. His father was opposed to the treatments and the transition. The father applied to the courts for an order barring any further treatments and ending all contact between JK…