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Difference between revisions of "Custody and Access"
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→Factors in custody awards
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While both the ''Divorce Act'' and the ''Family Law Act'' speak of a child's best interests, section 16(10) of the ''Divorce Act'', the ''Maximum Contact Principle'', flies in the face of the ''Family Law Act's'' presumption in section 40(4) that in making parenting arrangements, no particular arrangement is presumed to be in the best interests of a child. | While both the ''Divorce Act'' and the ''Family Law Act'' speak of a child's best interests, section 16(10) of the ''Divorce Act'', the ''Maximum Contact Principle'', flies in the face of the ''Family Law Act's'' presumption in section 40(4) that in making parenting arrangements, no particular arrangement is presumed to be in the best interests of a child. | ||
<span style="color:#D2691E">'''Important changes'''</span> <br /> | |||
Under the changes to the ''Divorce Act'', judges now have a long list of best-interests factors to take into consideration when making decisions about children. The factors include things like the history of the children's care, the children's views and preferences, each spouse's plan for the care of the children, and the extent to which each spouse will support the children's relationship with the other spouse. Family violence is another factor, and when family violence is present, the ''Divorce Act'' now includes a list of additional factors for judges to consider, including the nature and frequency of the violence. | |||
===Factors in access awards=== | ===Factors in access awards=== | ||