MacLean Law’s Vancouver Surrey Parenting Arrangements lawyers like the concise summary of what a BC judge looks at to decide what the appropriate Vancouver Surrey Parenting Arrangements should be for a child in a custody dispute. Our Vancouver Surrey Parenting Arrangements team operates out of 6 offices across BC and in Calgary Alberta with offices conveniently located in downtown Vancouver, Surrey/Langley, Kelowna, Fort St John and Richmond BC and Calgary, Alberta.
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The Divorce Act uses the terms custody and access but the newer family Law Act uses different terminology like, parenting time, parenting responsibilities, contact and guardianship.
The following factors and principles focus on the best interests of the child and can be applied to both acts.
In the case of J.S.R. v. P.K.R 2017 928 Madam Justice E.A. Arnold-Bailey set out the law for Vancouver Surrey Parenting Arrangements trials as follows:
Parenting arrangements are determined by the child’s best interests
[224] Parenting arrangements are to be determined based solely on what is in the child’s best interests: s. 16(8) of the DA; and s. 37 of the FLA.
[225] In particular, s. 37(2) of the FLA sets out how such a determination is to be made:
37 (1) In making an agreement or order under this Part respecting guardianship, parenting arrangements or contact with a child, the parties and the court must consider the best interests of the child only.
(2) To determine what is in the best interests of a child, all of the child’s needs and circumstances must be considered, including the following:
(a) the child’s health and emotional well-being;
(b) the child’s views, unless it would be inappropriate to consider them;
(c) the nature and strength of the relationships between the child and significant persons in the child’s life;
(d) the history of the child’s care;
(e) the child’s need for stability, given the child’s age and stage of development;
(f) the ability of each person who is a guardian or seeks guardianship of the child, or who has or seeks parental responsibilities, parenting time or contact with the child, to exercise his or her responsibilities;
(g) the impact of any family violence on the child’s safety, security or well-being, whether the family violence is directed toward the child or another family member;
(h) whether the actions of a person responsible for family violence indicate that the person may be impaired in his or her ability to care for the child and meet the child’s needs;
(i) the appropriateness of an arrangement that would require the child’s guardians to cooperate on issues affecting the child, including whether requiring cooperation would increase any risks to the safety, security or well-being of the child or other family members;
(j) any civil or criminal proceeding relevant to the child’s safety, security or well-being.
(3) An agreement or order is not in the best interests of a child unless it protects, to the greatest extent possible, the child’s physical, psychological and emotional safety, security and well-being.
(4) In making an order under this Part, a court may consider a person’s conduct only if it substantially affects a factor set out in subsection (2), and only to the extent that it affects that factor.
Vancouver Surrey Parenting Arrangements Factors Considered As A Whole and Are Not Exhaustive
[226] Each of the s. 37(2) factors must be separately considered but “in the end, the evidence has to be considered as a whole” (B. (M.W.) v. B. (A.R.), 2013 BCSC 885, at para. 254).
[227] The s. 37(2) factors however are not exhaustive, and may also be considered when assessing the best interests of the child on an application for custody under the DA: Puzzobon v. Puzzobon, 2013 BCSC 1226, at para. 30; and E.D.A. v. M.A.A., 2014 BCSC 1084, at para. 40.
[228] In making a custody order under s. 16(1) of the DA, the court shall not take into consideration the past conduct of any person unless the conduct is relevant to the ability of that person to act as a parent of a child (s. 16(9)). Additionally, in making a custody order under s. 16(1), the court shall give effect to the principle that a child of the marriage should have as much contact with each spouse as is consistent with the best interests of the child and, for that purpose, shall take into consideration the willingness of the person for whom custody is sought to facilitate such contact (s. 16(10)).
There Are No Presumptions For Vancouver Surrey Parenting Arrangements Cases
[229] There is neither a presumption in favour of the status quo nor joint or sole custody. The only issue is the best interests of the child, which must be determined in the particular circumstances of that case (E.L.S. v. C.A.S., 2012 BCSC 1224, at para. 36; Nunweiler v. Nunweiler, 2000 BCCA 300, at para. 30; Robinson v. Flyk (1996), 28 B.C.L.R. (3d) 21 (C.A.), at paras. 28-30).
Vancouver Surrey Parenting Arrangements Are Important And We can Help Settle This Critical Issue. Call us today toll free across BC and in Alberta at 1-877-602-9900.
