If you have ever been involved in a family law matter, then chances are that you have heard the phrase “best interests of the child” before. But what does this mean, and how is it relevant to the Court?

The best interest of the child is the test that the Court relies on when making decisions about parenting. The elements that the Court is required to consider are outlined in both the Divorce Act and the Family Law Act. The Divorce Act applies to couples who are legally married, and the Family Law Act applies to couples who are not.

Some examples include the history of care for the child, the child’s needs, and whether there has been family violence. For the complete list of factors, check out the following links:

Family Law Act: https://www.canlii.org/en/ab/laws/stat/sa-2003-c-f-4.5/latest/sa-2003-c-f-4.5.html#Part_2_Guardianship__Parenting_and_Contact_Orders_and_Enforcement_of_Time_with_a_Child_49611

Divorce Act: https://laws-lois.justice.gc.ca/eng/acts/d-3.4/page-3.html#h-173218

If you have a parenting issue, we can help. Contact us to schedule a consultation with our family law team today!