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Aug 1, 2024 · The “best interests of the child” is a legal test used to decide what would best protect your child’s physical, psychological, and emotional safety, security and well-being. To determine what is in the child’s best interests when making parenting arrangements, you must consider factors including: When you make an agreement about ...
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A substantive right - a primary consideration in actions concerning the child due to the child’s dependency, maturity, legal status and often “voicelessness”; An interpretive principle- if a legal provision is open to more than one interpretation, the interpretation which most effectively serves the child’s best interests should be chosen; A rule o...
CRC Article 3(1) - In all actions concerning children,whether undertaken by public or private social welfare institutions,courts of law,administrative authorities or legislative bodies,the best int...
Federal Legislation
Examples of express references to best interests of the child in federal law: 1. Divorce Act , R.S.C., 1985, c. 3 (2nd Supp.), ss. 16(8), 17 -factors (in custody matters) 2. Immigration and Refugee Protection Act, S.C. 2001, c. 27- ss. 25(1), 25.1, 28(2)(c) - humanitarian and compassionate considerations; s. 60 - detention of children ; ss. 67(1)(c), 68(1), 69(2), 167(1), 167(2)-Immigration Appeal Division proceedings 3. Immigration and Refugee Protection Regulations - SOR/2002-227, R. 117(2)...
Provincial and Territorial Legislation
Best interests of the child is contained in many provincial or territorial laws such as family and child protection statues. For example, s. 8 ,Children’s Law Act,1997, S.S. 1997, c. C-8.2 where only the best interests of the child are considered in deciding child custody orders.
Case Law
1. Young v. Young1993 CanLII 34 (SCC), [1993] S.C.J. No. 112 (Q.L.) at para. 102 per Justice L’Heureux‑Dubé says the best interests of the child is a child-centric analysis, and “is the positive right [of the child] to the best possible arrangements in the circumstances of the parties”, and should not focus on harm, although the presence or absence of harm may be an important factor. The test is contextual and future focused encompassing a myriad of considerations. It is “person-oriented” rat...
Senate, Children: The Silenced Citizens: Effective Implementation of Canada’s International Obligations with Respect to the Rights of Children, 39th Parl, 1stSess, Issue 89 (25 April 2007) online.Donna J Martinson, “Children’s Legal Rights in Canada under the United Nations Convention on the Rights of the Child(2016)Suzanne Williams, “Legal Hooks and Springboards to Advance Children’s Access to Justice” (2015)The “best interests of the child” is a core principle in family law. It says that all decisions about a child must be in the child’s best interests, not in the interests of the parents, guardian or some other person. It applies to all decision-makers, including the courts, parents, guardians, mediators and arbitrators.
The best interests of the child is a key child rights-based principle, enshrined in article 3(1) of the UNCRC providing: "In all actions concerning children, whether undertaken by public or private social welfare institutions, courts of law, administrative authorities or legislative bodies, the best interests of the child shall be a primary consideration".
Feb 21, 2015 · The interaction and relationships amongst the parents and other family members. The school and the community in which the child will reside. The age of the child. The gender of the child. Any evidence relating to drug, alcohol, or sexual abuse of either parent. Use of force, intimidation, or emotional abuse by either parent.
Section 16 (2) of the Divorce Act specifies that when considering the best interest factors, the court shall give primary consideration to the child’s physical, emotional and psychological safety, security and well-being. This open-ended description of the best interests of the child leaves the court with considerable discretion to determine ...
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Aug 2, 2022 · The “best interests of the child” term refers to certain factors that contribute to children’s well-being. These factors include: The child’s views: Children’s views should be given due weight according to their age and maturity to avoid paternalism and discrimination. The child’s safety: Children should be protected from all forms ...
