Is conduct of the parties a factor in determining whether or not a child has been found to be a contributing factor in a custody decision?
Saskatchewan, Canada
The following excerpt is from Edwards v. Edwards, 1983 CanLII 2357 (SK QB):
Although the conduct of the parties is a factor it is to be taken into account in the context of the basic principle that the paramount consideration in custody matters is the welfare of the infants. Lord Simonds said, in McKee v. McKee, 1951 CanLII 305 (UK JCPC), [1951] 2 D.L.R. 657, at page 666: . . . the welfare and happiness of the infant is the paramount consideration in questions of custody . . . To this paramount consideration all others yield.
That is the law in Saskatchewan notwithstanding there is no mention of “the welfare of the child” in s. 11 of the Divorce Act. See the judgment of Culliton, C.J.S., in Francis v. Francis (1973), 1972 CanLII 1891 (SK CA), 8 R.F.L. 209.
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