What does “in the children’s best interests” mean?

There’s no doubt that you’ve already heard the phrase “in the child’s best interests” if you’re going through a separation. What exactly does this term mean? The courts use a range of criteria to define this term. You will need to understand how the court perceives and enforces a child’s best interests if you’re going through a separation.

How the Courts Determine What Is in the Best Interests of a Child

A number of long-term and immediate factors are considered when determining the child’s best interests, including but not limited to:

• Physical safety
• Psychological safety
• Emotional safety

A judge will also consider all of the child’s needs and circumstances at the present time. That includes the physical, psychological and emotional needs of the child at his or her current age. The need for stability will also be taken into consideration based on the age and developmental stage of the child.

What will the court look at when determining how those needs can be satisfied? Here are some factors that can be considered:

• A child’s history of care
• A child’s cultural, linguistic, religious and spiritual upbringing and heritage
• A child’s views and preferences
• Proposed plans for a child’s care and upbringing

The court will also look into any history regarding family violence when determining what should be done to ensure the child’s safety. The court will look at the ability of the person who engaged in family violence to care for the child and meet his or her needs going forward. Whether or not it would be appropriate for an order to mandate that both guardians collaborate and cooperate will also be looked at.

The relationships between the child and both guardians will be examined when determining appropriate arrangements. The nature and strength of both relationships will be considered to determine the best arrangement. In addition, relationships between a child and anyone else in that child’s life or household could be used as determining factors.

Willingness and ability are also aspects that the court looks at when deciding what should be done for a child’s best interests. That means that each guardian’s willingness and ability to care for and meet the needs of a child will be reviewed. In addition, a willingness or lack of willingness to cooperate and communicate regarding all issues impacting a child will be taken into account.

How the Courts Make Decisions Regarding Child Support and Child Custody

The position of the court is to try to look at the issue from the child’s point of view when deciding a case. Keep in mind that any civil or criminal proceedings that are relevant to a child’s interests will be taken into consideration. Here are some of the key subjects that a court can decide on:

• Decision-making powers on behalf of a child
• Child support
• Child custody arrangements
• Some property issues

The fact of the matter is that a court’s approach can be frustrating for parents as they try to navigate custody and support arrangements. Many parents feel that they are not being given the rights they are entitled to receive following a divorce or separation. That’s why it is important to work with an Edmonton family lawyer experienced in child custody matters if you have concerns or questions regarding access and parenting following a separation.

Do You Need a Lawyer for Child Support or Child Custody in Edmonton?

You probably have questions regarding child custody, access and parenting if you’re going through a separation. Contact the family law team at Capital City Law to learn more about your rights and options at this stage. You can call (780) 462-4321 or contact us online today to request a free initial consultation.