24 (1) In making a parenting order or contact order with respect to a child, the court shall only take into account the best interests of the child in accordance with this section. 2020, c. 25, Sched. 1, s. 6. Primary consideration (2) In determining the best interests of a child, the court shall consider all factors related to the circumstances of the child, and, in doing so, shall give primary consideration to the child’s physical, emotional and psychological safety, security and well-being. 2020, c. 25, Sched. 1, s. 6. Factors (3) Factors related to the circumstances of a child include, (a)  the child’s needs, given the child’s age and stage of development, such as the child’s need for stability; (b)  the nature and strength of the child’s relationship with each parent, each of the child’s siblings and grandparents and any other person who plays an important role in the child’s life; (c)  each parent’s willingness to support the development and maintenance of the child’s relationship with the other parent; (d)  the history of care of the child; (e)  the child’s views and preferences, giving due weight to the child’s age and maturity, unless they cannot be ascertained; (f)  the child’s cultural, linguistic, religious and spiritual upbringing and heritage, including Indigenous upbringing and heritage; (g)  any plans for the child’s care; (h)  the ability and willingness of each person in respect of whom the order would apply to care for and meet the needs of the child; (i)  the ability and willingness of each person in respect of whom the order would apply to communicate and co-operate, in particular with one another, on matters affecting the child; (j)  any family violence and its impact on, among other things, (i)  the ability and willingness of any person who engaged in the family violence to care for and meet the needs of the child, and (ii)  the appropriateness of making an order that would require persons in respect of whom the order would apply to co-operate on issues affecting the child; and (k)  any civil or criminal proceeding, order, condition or measure that is relevant to the safety, security and well-being of the child. 2020, c. 25, Sched. 1, s. 6. Factors relating to family violence (4) In considering the impact of any family violence under clause (3) (j), the court shall take into account, (a)  the nature, seriousness and frequency of the family violence and when it occurred; (b)  whether there is a pattern of coercive and controlling behaviour in relation to a family member; (c)  whether the family violence is directed toward the child or whether the child is directly or indirectly exposed to the family violence; (d)  the physical, emotional and psychological harm or risk of harm to the child; (e)  any compromise to the safety of the child or other family member; (f)  whether the family violence causes the child or other family member to fear for their own safety or for that of another person; (g)  any steps taken by the person engaging in the family violence to prevent further family violence from occurring and improve the person’s ability to care for and meet the needs of the child; and (h)  any other relevant factor. 2020, c. 25, Sched. 1, s. 6. Past conduct (5) In determining what is in the best interests of the child, the court shall not take into consideration the past conduct of any person, unless the conduct is relevant to the exercise of the person’s decision-making responsibility, parenting time or contact with respect to the child. 2020, c. 25, Sched. 1, s. 6. Allocation of parenting time (6) In allocating parenting time, the court shall give effect to the principle that a child should have as much time with each parent as is consistent with the best interests of the child. 2020, c. 25, Sched. 1, s. 6. Application to related orders (7) This section applies with respect to interim parenting orders and contact orders, and to variations of parenting orders and contact orders or interim parenting orders and contact orders. 2020, c. 25, Sched. 1, s. 6. Section amendments with date in force (d/m/y) 1990, c. C.12, s. 78 (1) - no effect - see 2006, c. 1, s. 3 (2) - 23/02/2006 1999, c. 6, s. 7 (1) - 31/03/2000 2005, c. 5, s. 8 (1-3) - 09/03/2005 2006, c. 1, s. 3 (1) - 23/02/2006 2009, c. 11, s. 10 - 01/03/2010 2016, c. 23, s. 7 (1-3)
- 01/01/2017; 2016, c. 28, s. 2
- 08/12/2016 2020, c. 25, Sched. 1, s. 6 - 01/03/2021