Best interest of the child under the new Divorce Act: Video

All court decisions relating to children are made using what is called the best interests of the child test. This means that courts must focus on what is best for children as opposed to considering so-called rights or interests of either parent.

The Divorce Act and most provincial/territorial legislation provide criteria for courts to use when considering the best interests of the children.

There is no weight attached to each criterion, which means that judges must look at all of them together, coupled with the facts of the particular family, to determine which are relevant.

This webinar looks at the 11 factors in the best interests of the child test in the Divorce Act. We also examine those factors that are potentially most challenging for women leaving an abusive partner.

This webinar was delivered by Luke’s Place Legal Director, Pamela Cross, for Women’s Shelters Canada, on January 2022.