Both custody and access under the Divorce Act (Canada) and Guardianship and parenting time and contact are determined by what is in the best interests of the child under both the Divorce Act and the Family Law Act. Considerations will vary in each case based upon your circumstances but with respect to these matters the following considerations will generally apply:
a) The willingness of each parent to facilitate a relationship with the other parent;
b) The history of the child’s care and need for stability given the child’s stage of development and age;
c) The nature and strength of other relationships in the child’s life;
d) The ability of the parties to communicate effectively for the benefit of the children;
e) The desire to maximize the contact of each parent with the children after the parties separate;
f) The living arrangements of each party and each party’s ability to care for the children and ability to exercise responsibilities for the child during guardianship, parenting time or times of contact;
g) The special, emotional, and other needs of individual children including those needs that relate to education, medical care, and individual, physical or emotional challenges;
h) The impact of family violence on the child’s safety, security and well-being whether or not the violence is directed to the child or another family member and whether or not the perpetrator of family violence is impaired in their ability to look after the child;
i) The views of the child unless inappropriate;
j) The child’s health and emotional well being
As indicated which factors are critical in any case will depend on your situation and as such, you should consult a family law lawyer prior to making any final decisions on custody. The Lawyers at Dubas & Company are well placed to assist you in this respect. The parenting plan achieved can be subject to a written agreement or court order.