When parents cannot agree, then the Courts must decide what is best for a child. These decisions are often related to things like child custody, child support, any future modifications to custody and support, and termination of parental rights. These decisions must always be made in the best interests of the child as well as subject to law which can vary from one Province to another.
At the SEA TO SKY LAW GROUP, our family law lawyer in British Columbia provides guidance to our clients and helps them understand what the best interest of the child means generally, and how it could affect their unique case specifically. Making sure our clients are informed helps them make better decisions, too. So, contact us online or at 778728020 to schedule a FREE 15 minute introduction of solutions.
Best Interests of the Child Standard in British Columbia ("BC")
To determine what is in the best interests of the child, a set of factors has been established to guide the courts. These factors are also meant as a way to objectively arrive at these decisions so that they are fairer and more consistent.
There is the federal Divorce Act which applies to all of Canada plus each Province has its own legislation about family law.
In BC, the Provincial Family Law Act ("FLA") states at section 37 that the court must consider the following before the orders which meet the best interests of the child:
(a) the child's health and emotional well-being;
(b) the child's views, unless it would be inappropriate to consider them;
(c) the nature and strength of the relationships between the child and significant persons in the child's life;
(d) the history of the child's care;
(e) the child's need for stability, given the child's age and stage of development;
(f) the ability of each person who is a guardian or seeks guardianship of the child, or who has or seeks parental responsibilities, parenting time or contact with the child, to exercise the person's responsibilities;
(g) the impact of any family violence on the child's safety, security or well-being, whether the family violence is directed toward the child or another family member;
(h) whether the actions of a person responsible for family violence indicate that the person may be impaired in the person's ability to care for the child and meet the child's needs;
(i) the appropriateness of an arrangement that would require the child's guardians to cooperate on issues affecting the child, including whether requiring cooperation would increase any risks to the safety, security or well-being of the child or other family members;
(j) any civil or criminal proceeding relevant to the child's safety, security or well-being.
Further, FLA section 37(3) provides that an agreement or order is NOT in the best interests of a child unless it protects, to the greatest extent possible, the child's physical, psychological, and emotional safety, security, and well-being.
As mentioned, these factors must be the basis of every decision about a child. In addition, the courts will also listen to the wishes of the child but may not act on those wishes unless the child is a certain age.
Contact a Family Law Lawyer in British Columbia Today
The best interests of the child standard will greatly influence your child's life as well as yours. If you have questions, need advice, or want to file a complaint for divorce, child custody, or child support, contact the SEA TO SKY LAW GROUP online or call us at 778728020 today. We will schedule a FREE 15 minute introduction of solutions with our family law attorney and help you understand and make informed decisions about your child or children's best interests.
