What are the factors used by the court to determine what is in the best interests of the children?

British Columbia, Canada


The following excerpt is from L.J.B. v. R.W.B., 2002 BCSC 1552 (CanLII):

Master Groves referred in his reasons to the decision of Burnyeat, J. in One v. One, [2000] B.C.J. No. 2178 (S.C.). In that case, the court identified twelve factors which had been reviewed in deciding what is in the best interests of children. Those factors are as follows: (a) parenting capabilities of and 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; and (l) retraining/educational opportunities for moving parent.

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