Best Interests of the Child

Judges will resolve custody and access disputes by keeping the best interests of the child ahead of all else. The test is given statutory credibility by means of the Divorce Act (s.16(8)) and the Children’s Law Reform Act (s.24). The Court will analyze the following factors when applying the test:

1. The physical well-being of the child;
2. The emotional well-being and security of the child;
3. The plan in-motion for the child’s education and maintenance;
4. The financial needs and requirements of the child;
5. Religious and ethical upbringing;
6. Whether the parent understands the needs of his/her child;
7. As the child gets older, the child’s preference;
8. The importance of keeping siblings together; and,
9. The bond that has been created between the child and his/her caregiver.

The Court will also ensure that the “maximum contact principle” is being complied with to the highest degree.

The “maximum contact principle” essentially advocates that the child should have as much contact as possible with each parent if it benefits the child. Therefore, Judges will investigate into whether the either parent has fully complied with the principle or has placed various bulwarks that hinder the relationship of the child with the other parent.

The principle is codified in section 16(10) of the Divorce Act, and although there is no comparable section in the Children’s Law Reform Act, courts also apply this principle under the CLRA.

To learn more about the best interests of the child principle as well as the services provided by Krol & Krol, call 905.707.3370 today.