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- 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.
www2.gov.bc.ca/gov/content/life-events/divorce/family-justice/family-law/parenting-apart/best-interests
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Can a judge consider a child's best interests in a parenting agreement?
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.
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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 legal principle that outlines how to make decisions about children in a family law issue. Family laws in Canada are based on this core principle to help decision-makers keep children safe, healthy and happy.
As a substantive right and guiding principle that aims to ensure the enjoyment of all rights in the UNCRC, the best interests of the child speaks to the child's holistic development and requires a rights-based approach that promotes the child's human dignity.
So what does it actually mean? Section 37 of the Family Law Act outlines that any parenting arrangement or consideration of the court which is determining where, with whom, how the children are going to spend their time after separation must consider the best interests of the children.
Mar 22, 2024 · But what does this mean, and how is it relevant to the Court? The best interest of the child is the test that the Court relies on when making decisions about parenting. The elements that the Court is required to consider are outlined in both the Divorce Act and the Family Law Act.
An agreement or order is in a child's best interests if it protects the child's physical, psychological, and emotional safety and well-being. In other words, the law says that the most important thing is to keep the child healthy and safe.
