What are the factors used by the courts to determine what is in the best interests of a child in primary care?

Guidance is provided to the court in the decision of Foley v. Foley (1993) Can. Lii 3400 NSSC. This case is cited regularly by courts in coming to determinations as to what is in the best interests of a child in terms of primary care. Those factors are as follows: 1. Statutory direction Divorce Act 16(8) and 16(9), 17(5) and 17(6); 2. Physical Environment; 3. Discipline; 4. Role model; 5. Wishes of the children - if, at the time of the hearing such are ascertainable and, to the extent they are ascertainable, such wishes are but one factor which may carry a great deal of weight in some cases and little, if any, in others. The weight to be attached is to be determined in the context of answering the question with whom would the best interests and welfare of the child be most likely achieved. That question requires the weighing of all the relevant factors and an analysis of the circumstances in which there may have been some indication or, expression by the child of a preference; 6. Religious and spiritual guidance; 7. Assistance of experts, such as social workers, psychologists, psychiatrists, etcetera; 8. Time availability of a parent for a child; 9. The cultural development of a child; 10. The physical and character development of the child by such things as participation in sports; 11. The emotional support to assist in a child developing self-esteem and confidence; 12. The financial contribution to the welfare of a child; 13. The support of an extended family, uncle’s, aunt’s, grandparent’s, etcetera; 14. The willingness of a parent to facilitate contact with the other parent. This is a recognition of the child’s entitlement to access to parents and each parent’s obligation to promote and encourage access to the other parent. The Divorce Act s. 16(10) and s. 17(9); 15. The interim and long range plan for the welfare of the children; 16. The financial consequences of custody. Frequently the financial reality is the child must remain in the home or, perhaps alternate accommodations provided by a member of the extended family. Any other alternative requiring two residence expenses will often adversely and severely impact on the ability to adequately meet the child’s reasonable needs; and 17. Any other relevant factors. Physical environment: