Consistent with Canada law, child custody is determined based on the best interests of the child. In other words, a court is required to determine the arrangement that is in the child’s best interests, taking things such as the child’s health, well-being, and future into account. Many factors can be considered, including:
The child’s relationship with each parent;
Each parent’s ability to care for the child;
The child’s views and preferences; and
Any history of family violence, including abuse or neglect.
If the parties are divorced or divorcing, the Divorce Act outlines the test for the best interests of the child, otherwise, the Children’s Law Reform Act outlines the test for the best interests of the child.