What is the test for determining the best interests of the child in a custody matter involving two custodial parents?

British Columbia, Canada


The following excerpt is from Hellberg v. Netherclift, 2018 BCCA 404 (CanLII):

Gordon v. Goertz established that the only issue in a case of this kind is the best interests of the child. Each case will turn on its unique circumstances, but the best interests of the child must be determined from a child-centred perspective. The focus of the inquiry is not the interests and rights of the parents, but the ability of a parent to satisfy the child's needs is a relevant consideration. In a case involving two custodial parents, the following legislative goals and factors should be considered (see Gordon v. Goertz at 61): 1. The existing custody arrangement and relationship between the child and each of the custodial parents; 2. The principle embodied in s. 16(10) of the [Divorce Act] that a child should have as much contact with his or her parents as is consistent with the child's best interests; 3. The views of the child, where it is appropriate to solicit those views; 4. The parent's reason for moving, only in the exceptional case where it is relevant to that parent's ability to meet the needs of the child; 5. Disruption to the child of a change in custody; and 6. Disruption to the child consequent on removal from family, schools, and the community the child has come to know. [Emphasis in original.]

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