Indigenous Families: Difference between revisions
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===Custody under the ''Divorce Act''=== | ===Custody under the ''Divorce Act''=== | ||
In addition to the usual factors governing an award of child custody under | In addition to the usual factors governing an award of child custody under section 16 of the ''[[Divorce Act]]'', the court must also take into consideration a child's Aboriginal heritage when making a decision about custody. This is not expressly set out anywhere in the legislation, but past cases have decided that a child's Aboriginal heritage should be considered as part of the general ''best interests of the child'' test. | ||
This principle was established by the Supreme Court of Canada in ''[http://canlii.ca/t/1fqnq D.H. v. D.M.]'', [1999] 1 S.C.R. 761. The court said that "the trial judge had given careful attention to the aboriginal ancestry of [the child], together with all the other factors relevant to [the child's] best interests, and that there was no error in his decision". | This principle was established by the Supreme Court of Canada in ''[http://canlii.ca/t/1fqnq D.H. v. D.M.]'', [1999] 1 S.C.R. 761. The court said that "the trial judge had given careful attention to the aboriginal ancestry of [the child], together with all the other factors relevant to [the child's] best interests, and that there was no error in his decision". |