What are the factors used in determining whether a child is in the best interests of the children when the parents are separated?

British Columbia, Canada


The following excerpt is from A. v. B., 2010 BCSC 566 (CanLII):

In order to determine whether the proposed move is in the best interests of the children, Mr. Justice Burnyeat in One v. One summarized 12 factors. The factors which apply in this case are: 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) ... i) relative parenting capabilities of either parent and respective ability to discharge their parenting responsibilities; j) Child’s relationship with both parents.

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