When parents separate or divorce, one of the most important decisions they’ll make is who will care for the children and how. In Alberta and across Canada, the legal concept of the ‘best interests of the child” is the cornerstone of decision-making responsibility and parenting time. Courts, using the Family Law Act and Divorce Act as their guiding legislation, will determine what is in your child’s best interests when deciding on custody arrangements. For this reason, it’s important for parents and guardians to understand what factors are used to determine a child’s best interests under the law.
At Verhaeghe Law, our Edmonton family lawyers have decades of combined experience helping parents navigate their separation, divorce, decision-making responsibility, and more. If you have questions about parenting time following your divorce, we can help you understand how the best interests of your child may affect the outcome. Contact us today to discuss your situation with a legal professional.
Understanding the “Best Interests of the Child” Standard in Alberta
The ‘best interests of the child’ is a legal principle that ensures that all decisions, whether they’re made by courts, parents, or guardians, put the needs of the child above all else. Parents, judges, mediators, arbitrators, and other parties must apply this principle throughout all legal proceedings.
The best interests of the child are commonly considered when determining:
- Parenting plans
- Decision-making responsibility (formerly custody)
- Parenting time (formerly access)
- Moving or travel arrangements for children
- Contact with non-guardians
- And more
By using this principle, courts aim to protect the child’s physical, psychological, and emotional well-being to the best of their ability. Any decisions or proposed orders that do not comply with the best interests standard may face consequences, such as delays in legal proceedings, court rejection, and more.
Key Factors Used For Determining the Best Interests of the Child
So, how exactly do courts in Alberta determine what is in the child’s best interests? They will evaluate many different factors so they can come to a well-rounded decision. Some factors that courts will consider include:
- The physical, emotional, and psychological needs of the child
- The stability of their living environment or day-to-day life
- History of care, including who has primarily looked after the child in the past
- The child’s personal preferences, if they are old enough to communicate them
- Cultural, linguistic, spiritual, or religious upbringing
- Their relationship to parents, siblings, extended family, or other relevant guardians
- And more
In addition to the direct needs of the child, courts might also evaluate parental factors, such as:
- A parent’s ability and willingness to care for the child
- A parent’s ability to cooperate and communicate with co-parents or other relevant guardians
- The proposed parenting plan and whether it promotes the child’s well-being
- Past or present instances of family violence and their impact on the child’s emotional and physical safety
- Any other civil or criminal proceedings involving family members that may affect the child
- And more
Some of these factors are stipulated in both s.18(2) of the Family Law Act and s.16 of the Divorce Act.
Let Us Help You Ensure Your Legal Agreements Keep Your Child’s Best Interests in Mind
The best interest of the child will always be used as a guiding principle when parenting decisions are made in Alberta. By familiarizing yourself with the factors that influence your child’s best interests in the eyes of the court, you can make sure your legal agreements confer accordingly.
At Verhaeghe Law, our experienced family lawyers in Edmonton can help you develop a parenting plan that prioritizes your child’s well-being and meets Alberta’s legal standards. Contact us today to schedule a consultation.