Parenting arrangements: The best interests of the child test

Family courts use what is called the best interests of the child (BIC) test when they make parenting decisions. Whether a family is using the Divorce Act or the Children’s Law Reform Act, the judge will consider the following 11 factors in the BIC test as they make decisions about the children:

1. The child’s needs based on their age and stage of development
2. The nature and strength of the child’s relationship with each parent, sibling and grandparents and any other person who plays an important role in the child’s life
3. The parent’s willingness to support the child’s relationship with the other parent
4. The history of care of the child
5. The child’s wishes, depending on the child’s age and maturity
6. The child’s heritage, including Indigenous upbringing and heritage
7. Any plans for the child’s care
8. The ability and willingness of each parent to meet the child’s needs
9. The ability and willingness of each parent or person with a contact order to communicate and co-operate on matters affecting the child
10. Any family violence and its impact on:
11. The ability and willingness of any person who engaged in the family violence to care for and meet the needs of the child
12. The appropriateness of making an order that would require persons in respect of whom the order would apply to cooperate on issues affecting the child
13. Any court proceeding, court order or condition (e.g., a bail condition) that is relevant to the safety, security and well-being of the child

It is important that you provide evidence to the court that relates to each of the 11 factors in the BIC test. For more information, including more tips for effective communication check out our resource: The Law and Parenting Arrangements After Separation.