PART 4: What does "in a child's best interest" mean in a Family Law matter? - 4 Part Series

When determining what is in a child’s best interests, the Family Law Act states that the court must consider the extent to which each of the child’s parents has fulfilled, or failed to fulfil, his or her responsibilities as a parent and, in particular, the extent to which each of the child’s parents-

1. Has taken, or failed to take, the opportunity:

• to participate in making decisions about major long‑term issues in relation to the child;
• to spend time with the child;
• to communicate with the child.

2. Has facilitated, or failed to facilitate, the other parent:

• participating in making decisions about major long‑term issues in relation to the child;
• spending time with the child;
• communicating with the child.

3. Has fulfilled, or failed to fulfil, the parent’s obligation to maintain the child.

The Court will consider any events that have happened, and circumstances that have existed, since the separation occurred.