Written on behalf of Shariff & Associates

The concept of “best interests of the child” sits at the heart of Ontario family law and has evolved over time. It guides courts in making crucial decisions about parenting arrangements and child-related issues whenever parents separate. There is a growing recognition of the importance of shared parenting and involving children in decision-making processes when appropriate. Courts are also increasingly focused on addressing the specific needs of children in diverse family structures. This principle applies under both the federal Divorce Act and the provincial Children’s Law Reform Act.

This blog will explore how to determine the best interests of the child when addressing family law issues. It will explore additional factors beyond the legislative framework that courts may consider to ensure that each case is addressed based on its unique set of facts.

Prioritizing the Child’s Well-Being

Ontario family law prioritizes the child’s overall well-being above all else when addressing issues involving children. This means the court’s primary concern is the child’s physical, emotional, and psychological safety, and security. In other words, a judge will not simply try to enforce a 50/50 parenting arrangement or appease the desires of either parent if the proposed resolution is not in the child’s best interests, particularly if the child is older and has an opinion on the matter. Instead, courts meticulously examine the unique circumstances of each case to determine the living arrangements that will best nurture the child’s development and happiness.

While section 16(10) of the Divorce Act encourages facilitating contact between the child and the other parent, this principle is not enforced in cases where it would compromise the child’s well-being.

Factors for Evaluating Best Interests

Determining the best interests of a child is often a complex and emotionally charged process. Factors such as parental conflict, relocation, and child custody disputes can further complicate matters. While there is no rigid hierarchy of factors, section 24(3) of the Children’s Law Reform Act and section 16(2) of the Divorce Act provide a framework for courts to consider various aspects of the child’s life and family dynamic. Some of these key considerations include:

• The Child’s Needs and Wishes: The child’s age, maturity level, emotional ties with each parent, and developmental needs are all crucial considerations before imposing a resolution. The court considers the child’s expressed wishes, but the amount of weight given to these wishes depends on the child’s age and ability to understand the long-term implications.
• The Parent-Child Relationships: The quality and strength of the child’s bond with each parent is paramount. Accordingly, the court will examine the parties’ parenting history, the child’s sense of security with each parent, and the ability of each parent to provide a nurturing and stable environment.
• The Parents’ Parenting Ability: A person’s parenting ability goes beyond just providing food and shelter for the child. Rather, the court assesses each parent’s capacity to meet the child’s physical, emotional, and educational needs. Additionally, the court considers each parent’s willingness to facilitate a healthy relationship between the child and the other parent, even in the face of potential conflict.
• Impact of Changes: Moving to a new house, changing schools, or disrupting established routines can significantly impact a child’s well-being. The court considers the potential impact of any proposed parenting arrangement on the child’s stability and sense of security.
• Parental Cooperation: Parenting arrangements that minimize conflict and promote effective communication between parents are generally considered more favourable, as they create a more positive environment for the child.
• Family Violence: If there is a history or risk of violence, the court takes significant steps to protect the child. This might involve supervised access or even sole custody arrangements, depending on the severity of the situation.
• Cultural Background: The court considers the child’s cultural heritage and how parenting arrangements can respect and support it. This sensitivity ensures the child feels connected to their cultural identity.

Beyond the Framework: Individualized Decisions and Flexibility

It is important to remember that there is no “one size fits all” solution when it comes to parenting time and decision-making responsibility in Ontario family law cases. Each case is unique, and the court considers all the specific circumstances to determine the best interests of the child in that particular situation. The child’s needs and circumstances will naturally change over time, so parenting arrangements should be flexible enough to adapt and accommodate this growth and development. The ultimate goal is to create parenting arrangements that are sustainable in the long term and promote the child’s well-being throughout their development.

Final Thoughts on the Best Interests of the Child

The “best interests of the child” standard is the cornerstone of family law in Ontario. However, it is a complex and nuanced concept that requires careful consideration of various factors in consideration of the unique circumstances of the case. By understanding the principles and factors involved, parents can better navigate the legal process and make decisions that prioritize their child’s well-being. Factors such as parental conflict, relocation, and child custody disputes can further complicate matters. Therefore, it is important to work with an experienced family law lawyer who can help you navigate these challenges and advocate for a solution that ensures your child’s well-being remains a top priority.

Contact the Markham Stouffville Family Lawyers at Shariff & Associates for Comprehensive Legal Advice on Parenting Disputes

The experienced and compassionate family lawyers at Shariff & Associates regularly work with clients throughout the York Region, Durham Region, Markham and Vaughan to resolve a variety of issues stemming from separation and divorce. From child support claims to parenting arrangements, we understand these issues can be particularly contentious, which is why we work closely with each client to emphasize the importance of maintaining productive and healthy family relationships, even after the breakdown of a relationship. To schedule a confidential consultation with a member of our team, please contact us online or by phone at 905-591-4545.