What factors will be considered in determining who should be custodial of the children?

British Columbia, Canada


The following excerpt is from C.K.1) v. C.K.2), A.S. and J.B., 2004 BCPC 160 (CanLII):

It has consistently been held that an important consideration in determining which competing party is better suited as the custodial parent, is which one will best facilitate contact with the other; which will least restrict the children's relationship with the other. The importance of this was expressed by Mr. Justice Blair in Goeson v. Goeson [1995] B.C.D. Civ. 1544-05 (B.C.S.C.) as follows: The petitioner's attitude towards the children's mother causes me concern as to the father's ability to nurture and foster a positive relationship between the children and the mother if he were to be given custody. It contrasts sharply with the mother's avowed recognition of the need to ensure the children's access to their father and his family and the steps she has taken to assist in that access, including an extensive visit by the children to the Queen Charlotte Islands this past summer. I perceive that an important part of the custodial parent's duty in ensuring that the best interests of the children are attained is by assisting the children in creating a strong and binding relationship with the non-custodial parent unless there are compelling reasons why such a relationship ought not be encouraged. There are no such reasons in the instant case.

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