Tag: best interests of the child

What is a parenting plan? Part 1

mother holding daughter who looks content

Whether a woman is preparing her parenting plan during or after her court case, the basic principles remain the same. This is the first of two blog posts on parenting plans. In this post we’ll examine the purposes of a

Tagged with: , ,

How can a woman make the court understand the impact on her children of the abuse she has been subjected to?

mom consoling toddler girl

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

Tagged with: ,

What is custody and access?

mother holding daughter who looks content

When parents separate, they have to decide on appropriate living arrangements for the children. Until these issues are resolved, both parents have an equal legal right to have the custody of their children. Legally, custody refers to decision-making responsibility. A

Tagged with: , , ,

Can a woman move with her kids when there is custody and access order?

mom consoling toddler girl

This issue comes up frequently for women with children who leave an abusive partner. Sometimes, they want or need to move for safety reasons. They may not feel safe remaining close to their abuser. The police may not be able

Tagged with: , , ,

What is the best interests of the child test?

mother holding daughter who looks content

Judges use the “best interests of the child” test when they are making decisions about custody and access. This test is set out in section 24 of the Children’s Law Reform Act as follows: 24(2) The court shall consider all

Tagged with: ,

Luke’s Place webinar: Understanding the best interests of the child test

woman holding a little boy

All custody and access decisions are made using the best interests of the child test, as set out in section 24 of the Children’s Law Reform Act. The test has a number of factors that judges are required to consider

Tagged with: , , , ,