Posts Tagged ‘best interests of the child’
The best interests of the child test
The best interests of the child test is the test that is applied by courts when they make determinations about appropriate parenting arrangements for families after the parents separate (or if the parents have never cohabited). While the wording of the best interests of the child test is slightly different in the Children’s Law Reform…
Read moreBest 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…
Read moreHow do I present evidence?
Most of your evidence will be in the form of written affidavits. Present evidence in a way that helps the judge see the full picture of your family’s situation.
Read moreArrangements for the children after separation
The court can order that one parent have all the decision-making responsibilities or that you and your partner share this responsibility and will consider what is in the best interests of your child when making an order about how decisions are to be made.
Read moreArrangements for the kids: The best interests of the child test
When parents separate, they must make arrangements for their children, including where children spend their time and how decisions are made. The best interests of the child test is the test that is applied by a family court judge to decide parenting arrangements. This test is the only test that the court can use for…
Read moreRecent case: Interpreting the access test of the Child, Youth and Family Services Act
Jewish Family and Child Service of Greater Toronto, v. K.B., 2018 ONCJ 650 While this case does not pertain to family violence, in it Justice Sager makes relevant comments on the legislative interpretation of the Child, Youth and Family Services Act‘s (CYFSA) new access test for children placed in extended society care. Her decision provides…
Read moreChanges to the Divorce Act: What it can mean for women
In the final dash to get legislation passed before Parliament recessed for the summer, only to head straight into an election campaign in the fall, some important bills managed to make it to Royal Assent. Any bills that did not pass Third Reading in the Senate and obtain Royal Assent by last Friday are now…
Read moreHow can separated parents manage long distance access?
This is the first installment of a two-part series We are living in an increasingly globalized world, so it is not surprising that families move – often long distances – more than they used to. While this can pose challenges when the parents live together – finding new schools for the children, setting up house…
Read moreHow can a woman make the court understand the impact on her children of the abuse she has been subjected to?
We have explored a number of issues related to this question in other postings (See: The role of VAW in custody and access cases and What’s the best interests of the child test?), but we have not examined specifically the impact on children of being exposed to their mother being abused. This article will review…
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