What are the factors used by the courts to assess the best interests of the child?
Ontario, Canada
The following excerpt is from Munro v. Cowan, 2002 CanLII 2718 (ON SC):
The issue then becomes an examination of the factors which will help the court assess the best interests of the child. The factors enumerated in Gordon v. Goetz are as follows: (i) existing custody arrangements and the relation between the custodial parent and the child; (ii) existing access arrangement and the relation between the access parent and the child; (iii) the desirability of maximizing contact between the child and both parents; (iv) the views of the child; (v) the reason for the move, only where it is relevant to the custodial parent’s ability to meet the child’s needs; (vi) disruption to the child of a change in custody; (vii) disruption to the child consequent on removal from family, friends and the community she has come to know.
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