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

British Columbia, Canada


The following excerpt is from McKenzie v. Perestrelo, 2012 BCSC 1151 (CanLII):

The decision of this court in One v. One, 2000 BCSC 1584 at para. 24, summarizes the factors as set out in Gordon v. Goertz as well as those found in decisions from courts in this province and determined that there were 12 factors which have been considered in deciding what is in the best interest of the children. In the circumstances at this hearing the following, of the above-noted factors set out in One, are relevant: (B) Employment security and prospects of each spouse and, where appropriate, their partner. (C) Access to and supportive extended family. (D) Difficulty of exercising proposed access and quality of proposed access if move is allowed. . . . (I) Relative parenting capabilities of either parent and respective ability to discharge their parenting responsibilities. (J) Child's relationship with both parents. . . . (L) Retraining/educational opportunities for moving parent.

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