Best Interest of the Child

Key Takeaway

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Any decision you make that impacts your kids, must be what is best for the child’s physical, emotional and psychological safety and well being.

What does it mean?

Best interests of the child means it’s not about what is convenient or preferable for the parents. Factors to consider when figuring out what are the best interests of the child include:

Child's views on any decisions being made about them
How important relationships will be affected
Who has taken care of them in the past
Impact of any family violence and safety of caregivers

The Divorce Act has a particular list of factors, as do most provincial and territorial laws, so check the laws that apply to you for specific wording. See Getting Help for legal information relevant to your area.

When to consider the best interests of the child?

Any decision impacting the child. This includes:

Who takes care of the child
Who the child lives with and where the child lives
The heritage and cultural or religious background
How often the child sees each parent and other important people
Who needs to consider the best interests of the child?

Anyone who makes decisions that impact the child including parents, lawyers and judges. 

How can I do this?

Every child and family are different, so what is best for one child might not be best for another. It’s done on a case-by-case basis. 

Ask Yourself

This might not give you a definite answer but ask yourself the following questions to get a better idea of whether you are acting in your children’s best interests:

How will this decision affect my child’s wellbeing now and in the future?
Have I asked my child what they want or what is important to them?
Does this decision impact any of my child’s important relationships?
Does this decision take into account my child’s need for stability given their stage of development?
How capable are the people who want to care or make decisions for the child?
How well am I and the other parent or caretakers able to cooperate? Would any decision requiring us to work together increase conflict?
Is there any risk of violence?
Would this decision increase the chance of violence against the child or the child’s caregiver?
Callouts

Remember

Family justice service providers can help you figure out what is in your children’s best interest if you are unsure. Go to Getting Help for a list of legal help organizations for your province or territory.

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