Separation agreements settle the practical issues after a relationship ends, including property, debt, support, and parenting arrangements. You don’t necessarily...
When parents separate or divorce, one of the hardest decisions they must make revolves around their child. Where the child will live, how much time they will spend with each parent, and who makes the important decisions can have a lasting impact on the entire family.
While each parent may argue why the child would be better with them, or why one deserves more time, the court has one primary concern: the child’s best interests.
Nova Scotia’s Parenting and Support Act gives judges guidelines and factors to consider when deciding parenting arrangements. In divorce cases, the federal Divorce Act also applies. While the two laws have many similarities, the specific factors can differ depending on the circumstances.
If you are dealing with a parenting dispute, a Halifax family lawyer can help you understand how these factors may apply to your particular circumstances.
The court considers the child’s physical, emotional, psychological, social, and educational needs. The child’s age and stage of development are also important. A Voice of the Child Report is often court ordered when the child is of a certain age or maturity level and the court needs assistance determining the best interest of the child. A child with medical or other special needs also requires special consideration when the court develops a parenting arrangement.
The court wants to provide the child with a safe, stable environment. A Halifax family lawyer can help parents develop a proposed parenting arrangement that addresses the child’s needs rather than simply dividing parenting time equally.
A judge will consider the child’s bond with each parent. This doesn’t mean one parent automatically receives more parenting time simply because they were the primary caregiver. Instead, the judge looks at the child’s circumstances and each parent’s ability to meet the child’s needs.
The court will also consider the child’s relationship with siblings, grandparents, and other important people in their life. Maintaining these relationships can help create a stable home environment.
Even though the marital relationship has ended, parents still need to communicate about school, healthcare, activities, holidays, and other issues.
Courts look at each parent’s ability and willingness to cooperate on matters affecting their child. This doesn’t mean that parents have to agree on everything. However, ongoing conflict may matter when a court decides which parenting arrangement is best for the child.
Studies have shown that parental involvement significantly impacts a child’s academic success and social-emotional development. Another factor in determining what is best for a child is whether each parent is willing and able to support the child’s relationship with the other parent.
A parent who consistently encourages a healthy relationship between the child and the other parent may provide information that is relevant to the court’s assessment.
A parent doesn’t need to have a perfect home or parenting record. Instead, the court assesses each parent’s ability and willingness to provide for the child’s well-being.
Parents should be prepared to explain how they would handle the child’s day-to-day needs and responsibilities under the proposed parenting arrangement.
If you’re unsure how to present your proposed parenting arrangement, a Halifax family lawyer can help you identify the information that may be relevant to your case.
Children can voice their preferences in parenting arrangements, but that doesn’t necessarily mean a child gets to decide where they will live.
The court will take into account the child’s age and stage of development and the circumstances of the case when considering the child’s views and preferences.
Family violence is an important consideration when courts determine a child’s best interests.
The court must consider the impact of family violence, abuse, or intimidation, even when a child isn’t directly exposed to the conduct. The court will examine how the violence affects the parent’s ability to safely care for the child and whether they can provide a safe and stable home environment.
The court will look at factors such as:
Existing civil or criminal proceedings, protection orders, peace bonds and other measures can also impact the court’s decision on parenting arrangements.
If family violence is a part of your circumstances, speaking with a Halifax family lawyer can be particularly important when determining how to address safety concerns.
No single factor automatically determines the outcome of every parenting case. Instead, the judges consider the factors provided by the applicable legislation and base their analysis on the child’s needs and circumstances.
Parents should avoid approaching a parenting dispute as a competition as to which parent is “better.” The focus should be on providing the court with reliable information about the child’s needs, relationships, history, environment, and overall well-being.
Parents involved in a parenting dispute can take practical steps to prepare. This may involve documenting the child’s existing routine, relevant school and medical information, and developing a realistic parenting proposal.
It’s essential to keep the child’s needs at the centre of any communications and decisions. Nova Scotia’s Parenting Information Program is mandatory for parents going through a divorce or separation. It’s designed in part to help parents understand the effects of parental conflict on children.
If you are dealing with separation, divorce, or a parenting dispute, our family lawyers at The Riley Firm can explain how Nova Scotia family law applies to your circumstances, help you develop a parenting proposal focused on your child’s needs and well-being, and represent your interests if court intervention becomes necessary.
In Nova Scotia, the “best interests of the child” standard is the legal test courts use when deciding parenting arrangements, including parenting time and decision-making responsibility. The judge focuses on what is best for the child—not what either parent wants.
In Nova Scotia, a child does not automatically get to choose which parent they want to live with. There is also no specific age at which a child gains the legal right to make that decision.
The court makes parenting decisions based on the child’s best interests. A child’s views and preferences can be considered, but the weight given to those views depends on the child’s age, maturity, stage of development, and the circumstances of the case.
In a parenting-time case, the most useful evidence generally helps the court understand the child’s needs, each parent’s ability to meet those needs, the child’s existing relationships and routines, and why the proposed parenting schedule is in the child’s best interests.
Evidence that may help includes:
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