What are the factors used by the courts in determining what is in the best interests of the children?

British Columbia, Canada


The following excerpt is from Larkin v. Glase, 2008 BCSC 387 (CanLII):

In One v. One, 2000 BCSC 1584 ¶24, 81 B.C.L.R. (3d) 315, Mr. Justice Burnyeat reviewed British Columbia post-Gordon case law dealing with the best interests of a child and arrived at 12 relevant factors: When reviewing requests for changes in custody and access and in reviewing the question of whether the children should be moved where such a move may make access more difficult, courts in British Columbia have looked at a multitude of issues in determining what is in the best interests of the children. A review of those decisions produces the following 12 factors which have been reviewed in deciding what is in the best interests of the children: (a) parenting capabilities of and children's relationship with parents and new partners: … (b) employment security and prospects of each spouse and, where appropriate, their partner: … (c) access to and support of extended family: … (d) difficulty of exercising proposed access and quality of proposed access if move is allowed: … (e) effect upon children's academic situation: … (f) psychological/emotional well-being of children: … (g) disruption of children's existing social and community support and routines: … (h) desirability of proposed new family unit for children: … (i) relative parenting capabilities of either parent and respective ability to discharge their parenting responsibilities: … (j) child's relationship with both parents: … (k) separation of siblings: … (l) retraining/educational opportunities for moving parent: … [case references omitted]

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