Parenting Arrangements: Understanding the Best Interests of the Child Test 

Family courts use what is called the Best Interests of the Child (BIC) Test to make decisions about parenting arrangements after separation or divorce. The BIC test helps courts prioritize the needs, safety, and well-being of children, to ensure parenting decisions serve the child’s best interest, both now and in the future. Whether a family is using the Divorce Act or the Children’s Law Reform Act, the judge considers key factors to ensure the child’s well-being.  

Key Factors in the BIC Test Include: 

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: 

• The ability and willingness of any person who engaged in the family violence to care for and meet the needs of the child 

• 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 

11. 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 

Why evidence matters in the BIC Test: 

Courts require evidence to support claims regarding any of the factors listed above. It is important to prepare and provide clear, organized, and relevant information to demonstrate what is truly in the best interests of the child. 

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For more information on parenting arrangements, after a relationship ends, check out our resource: The Law and Parenting Arrangements After Separation.