selfjustice

Parenting

What are the two statutes that deal with parenting?

The Part 3 of the provincial CLRA and federal Divorce Act deal with parenting issues. If a divorce proceeding is started, the Divorce Act will govern for parenting issues.

What is the governing principle under both acts?

The “best interests of the child” determines the parenting issues.

What are some of the principles that have developed?

  • Siblings are not generally not separated
  • Wishes of older children are considered
  • Past conduct not considered unless it affects ability to parent

What is the most important factor in any parenting dispute? 

The status quo is the most important consideration. It is not changed unless it is not working

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