Open main menu

Clicklaw Wikibooks β

Changes

Divorce Act Basics

36 bytes added, 18:31, 30 April 2021
How are decisions about children made?
Section 16(3) provides a list of specific factors that the court should take into account when deciding what order is in the "best interests of the child." That list includes things like the child's wishes, needs, age, relationships with brothers and sisters, history of care, and cultural upbringing. The list also includes the presence of family violence in the child's life. When family violence is a concern, section 16(4) provides a list of additional factors to help the court decide how the violence has affected the child and the ability of the spouses to provide proper care for the child.
Section 16(6) provides further guidance to the court. It says that ": <blockquote><tt> in allocating parenting time, the court shall give effect to the principle that a child should have as much time with each spouse as is consistent with the best interests of the child." </tt></blockquote> (In legislation, "shall" means ''must''.)
Although a court can make orders about the parenting of any children who are under the age of majority, in practice the court usually won't make orders involving older children who are close to the age of majority. Children who are that old are usually mature enough to make decisions for themselves about where they'd like to live, and the court will usually respect their decisions.
539
edits