Tag: best interests of the child

In Canada, all decisions about post-separation arrangements for children are made using the best interests of the child test. Both Ontario’s Children’s Law Reform Act and the federal Divorce Act set out the criteria judges are to use when applying …

Webinar: What is the best interests of the child test in family law? Read More »

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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 …

Changes to the Divorce Act: What it can mean for women Read More »

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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 …

How can separated parents manage long distance access? Read More »

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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 …

What is a parenting plan? Part 1 Read More »

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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 …

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

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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 …

What is custody and access? Read More »

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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 …

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

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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 …

What is the best interests of the child test? Read More »

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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 …

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

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