What are the factors used by the courts in deciding what is in the best interests of children?

Mr. Justice Burnyeat, in the One v. One decision (supra) isolated 12 factors which have been reviewed by the Courts in deciding what is in the best interests of children. They are: a) Parenting capabilities and the children’s relationship with parents and new partners; b) Employment security and prospects of each spouse and, where appropriate, their partner; c) Access to and support of extended family; d) Difficulty of exercising proposed access and quality of proposed access if move is allowed; e) Effect upon children’s academic situation; f) Psychological/emotional well-being of children; g) Disruption of children’s existing social and community support and routines; h) Desirability of proposed new family unit for children; i) Relative parenting capabilities of either parent and respective ability to discharge their parenting responsibilities; j) Child’s relationship with both parents; k) Separation of siblings; l) Retrain/educational opportunities for moving parent. M.S.’s Argument: