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Difference between revisions of "Divorce Act Basics"
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→How are decisions about children made?
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===How are decisions about children made?=== | ===How are decisions about children made?=== | ||
Section 16(8) of the ''[[Divorce Act]]'' says that the court should take "only the best interests of the child of the marriage as determined by reference to the condition, means, needs and other circumstances of the child" into account when making decisions about children. | Section 16(8) of the ''[[Divorce Act]]'' says that the court should take "only the best interests of the child of the marriage as determined by reference to the condition, means, needs and other circumstances of the child" into <span class="noglossary">account</span> when making decisions about children. | ||
The ''[[Divorce Act]]'' doesn't go into any further detail than this except to say, at s. 16(10), that: | The ''[[Divorce Act]]'' doesn't go into any further detail than this except to say, at s. 16(10), that: | ||
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<blockquote><tt>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.</tt></blockquote> | <blockquote><tt>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.</tt></blockquote> | ||
This doesn't mean that it is ''always'' best for a child to have an equal or near-equal amount of time with each spouse. It means that the court should give the child as much time with each spouse ''as is consistent'' with the child's best interests. That might be an equal or a near-equal amount of time, or it might be every other weekend or it might be no time at all. | This doesn't mean that it is ''always'' best for a child to have an equal or near-equal amount of time with each spouse. It means that the court should give the child as much time with each spouse ''as is consistent'' with the child's best interests. That might be an equal or a near-equal amount of time, or it might be every other weekend, or it might be no time at all. | ||
===Orders for custody and access=== | ===Orders for custody and access=== | ||