Difference between revisions of "Parenting Orders, Guardianship, and Contact (3:XI)"

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Parenting Orders, Guardianship, and Contact (3:XI) (view source)

Revision as of 07:33, 4 August 2017

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→‎1. Factors in Awarding Custody
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* (10) In making an order under this section, the court shall give effect to the principle that a child of the marriage should have as much contact with each spouse as is consistent with the best interests of the child and, for that purpose, shall take into consideration the willingness of the person for whom custody is sought to facilitate such contact.
* (10) In making an order under this section, the court shall give effect to the principle that a child of the marriage should have as much contact with each spouse as is consistent with the best interests of the child and, for that purpose, shall take into consideration the willingness of the person for whom custody is sought to facilitate such contact.


It is important to note that these factors should not be viewed like a checklist or a firm “rubric” with solid weights for each point. Rather, the discretionary, contextual, and complex nature of custody cases makes it more appropriate for the factors to be viewed holistically. Similarly, these factors do not necessarily form an exhaustive list of the factors to be considered. The best interests argument is often expansive, considering a range of factors illuminated at both the statutory and common-law level.  
These factors should not be viewed as a checklist. Rather, the discretionary, contextual, and complex nature of custody cases makes it more appropriate for the factors to be viewed holistically. Similarly, these factors do not necessarily form an exhaustive list of the factors to be considered. The best interests argument is often expansive, considering a range of factors illuminated at both the statutory and common-law level.  


The Court will generally consider the child’s health and emotional well-being, his or her education and training and the love, affection and similar ties that exist between the child and other persons such as relatives and family friends. If appropriate, the views of the child will be considered. For a custody order relating to a teenager to be practical, it  must reasonably conform to the wishes of the child ([http://canlii.ca/t/1dxml ''O’Connell v McIndoe'' (1998), 42 R.F.L. (4th) 77 (BCCA)], [http://canlii.ca/t/23fnw ''Alexander v Alexander'' (1988), 15 R.F.L. (3d) 363 (BCCA)]).  
The Court will generally consider the child’s health and emotional well-being, his or her education and training and the love, affection and similar ties that exist between the child and other persons such as relatives and family friends. If appropriate, the views of the child will be considered. For a custody order relating to a teenager to be practical, it  must reasonably conform to the wishes of the child ([http://canlii.ca/t/1dxml ''O’Connell v McIndoe'' (1998), 42 R.F.L. (4th) 77 (BCCA)], [http://canlii.ca/t/23fnw ''Alexander v Alexander'' (1988), 15 R.F.L. (3d) 363 (BCCA)]).  
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