Best Interests of the Child are First
The new Family Law Act places the safety and best interests of the child first when families are going through separation and divorce. This means that when deciding about children, family law professionals have only this to consider.
This replaces the current Family Relations Act that says that the best interests of the child are to be considered paramount when making decisions about children.
Section 37 reads:
37 (1) In making an agreement or order under this Part respecting guardianship, parenting arrangements or contact with a child, the parties and the court must consider the best interests of the child only.
(2) To determine what is in the best interests of a child, all of the child’s needs and circumstances must be considered, including the following:
(a) the child’s health and emotional well-being;
(b) the child’s views, unless it would be inappropriate to consider them;
(c) the nature and strength of the relationships between the child and significant persons in the child’s life;
(d) the history of the child’s care;
(e) the child’s need for stability, given the child’s age and stage of development;
(f) the ability of each person who is a guardian or seeks guardianship of the child, or who has or seeks parental responsibilities, parenting time or contact with the child, to exercise his or her responsibilities;
(g) the impact of any family violence on the child’s safety, security or well-being, whether the family violence is directed toward the child or another family member;
(h) whether the actions of a person responsible for family violence indicate that the person may be impaired in his or her ability to care for the child and meet the child’s needs;
(i) the appropriateness of an arrangement that would require the child’s guardians to cooperate on issues affecting the child, including whether requiring cooperation would increase any risks to the safety, security or well-being of the child or other family members;
(j) any civil or criminal proceeding relevant to the child’s safety, security or well-being.
(3) An agreement or order is not in the best interests of a child unless it protects, to the greatest extent possible, the child’s physical, psychological and emotional safety, security and well-being.
(4) In making an order under this Part, a court may consider a person’s conduct only if it substantially affects a factor set out in subsection (2), and only to the extent that it affects that factor.
Although the current Act does mention that parental conduct is relevant as it affects factors that relate to the best interests of the child, the language in the new Family Law Act is stronger. The best interest of the child is the only consideration that must be taken into account according to this new legislation.
It anticipates that parental conduct, as it has affected children, will be taken into consideration when making decisions about parenting.
This is important for kids in that it demonstrates clearly that how a parent behaves is totally relevant when it comes to parenting.
Written by Val Hemminger
