What factors will a judge consider in deciding whether to grant custody to a second parent?

Ontario, Canada


The following excerpt is from Durham v. Durham, 2012 ONSC 7023 (CanLII):

Gordon v. Goertz at paragraph 49 sets out the factors to be considered: • Each case turns on its own unique circumstances. The only issue is the best interest of the child in the particular circumstances of the case. • The focus is on the best interests of the child, not the interests and rights of the parents. • More particularly the judge should consider, inter alia: • (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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