What are the considerations that will bear in determining the best interests of the child in a custody matter?
British Columbia, Canada
The following excerpt is from Rezka v. Rezka, 2006 BCCA 209 (CanLII):
In Gordon v. Goertz, McLachlin J. (now C.J.C.) confirmed that the only issue in such a case is the best interests of the child. At para. 49 she particularized considerations that will bear on that determination: (a) the existing custody arrangement and relationship between the child and the custodial parent; (b) the existing access arrangement and the relationship between the child and the access parent; (c) the desirability of maximizing contact between the child and both parents; (d) the views of the child; (e) the custodial 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; (f) disruption to the child of a change in custody; (g) disruption to the child consequent on removal from family, schools, and the community he or she has come to know.
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