How do Courts Determine Child Custody and Parenting Time/Access?

How do Courts Determine Child Custody and Parenting Time/Access?

In both BC and Alberta, the primary consideration when determining child custody and parenting time/access is the best interests of the child. Courts will look at various factors, including: 

  • The child's health and emotional well-being.
  • The child's views, if appropriate considering their age and maturity.
  • The nature and strength of the child's relationship with significant people in their life.
  • Each parent's willingness to support the child's relationship with the other parent.
  • The history of the child's care.
  • Any history of family violence or abuse.

While both provinces prioritize the child's best interests, there might be slight variations in the specific factors considered. It's essential to consult with a family lawyer familiar with the specific province's laws for detailed guidance.