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A conclusive presumption (also known as an irrebuttable presumption) is a type of presumption used in several legal systems. conclusive presumption (also known as an irrebuttable presumption) is a type of presumption used in several legal systems.
The presumption is that a child over the age of 12 can express their own choice, but that simply is not the fact. But, many judges do make that choice to hear what the child has to say. They decide on whether the child is mature enough to express an opinion, and whether that opinion is being influenced by a parent.