One of the key principles for determining parental rights in Ontario is considering the best interests of the child. The court uses this standard to make important decisions related to parenting time, decision-making powers, or the ability to have contact with the juvenile in question. The child custody lawyers at The Riley Divorce & Family Law Firm are experienced with handling these cases and could help you with your unique circumstances.
There are several factors that go into determining the best interest of the child in Toronto. A court will consider all these factors and give each side the opportunity to be heard before making a decision. A skilled lawyer from our firm could provide the strongest possible argument for a favorable outcome.
When the parents of a juvenile separate, there are difficult decisions that must be made regarding the care of their children, including where they will live and the kind of education they will receive. Although there are situations where divorcing parents can reach an agreement regarding parenting time and decision-making responsibility, there are others where the court must be involved. A few of the vital considerations that must be made when determining the child’s best interest in Toronto and include the following:
The requirements of the juvenile in question are always crucial in these cases. The court will look at their age as well as their development to assess their needs. This will factor heavily in determining the importance of stability in a living arrangement versus flexibility where the child is shifted back and forth between parents frequently.
Another important issue is the relationship between the child and each parent. Often, one of these adults is the primary caretaker. This can lead to a stronger bond that needs to be maintained. Also relevant is the relationship with siblings and grandparents and how those connections are best served with a specific parenting time award.
A judge must also consider any previous acts of family violence. This includes circumstances where the child was the victim as well as when they might have witnessed acts of abuse against another loved one. Any signs of future abuse will weigh heavily on the court’s decision, too.
The list of factors discussed above are set out in Ontario’s Children’s Law Reform Act. While this specific set of standards has been applied in Toronto for years, there is also a similar list of issues that must be considered for children that are also noted under a federal law known as the Divorce Act.
The Divorce Act sets out an identical list of provisions that must be considered when awarding parenting time or decision-making responsibility. The Children’s Law Reform Act came first, eventually inspiring the federal version. The federal act intended to bring the same list of requirements to the rest of Canada. In the end, the standard is roughly the same under each statute.
When it comes to parenting, there are few issues more important than the right to determine where a child lives and how they are raised. These decisions are made based on what is best for a minor.
Our lawyers are here to help you through every step of the process. Call our firm today for help with determining the best interest of the child in Toronto.
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