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edits
Changes
→The best interests of the children
<blockquote><blockquote><tt>(k) any civil or criminal proceeding, order, condition, or measure that is relevant to the safety, security and well-being of the child.</tt></blockquote></blockquote>
If family violence is present, and is a factor under section 16(3)(j), section 16(4) provides a list of additional factors to help the court assess the impact of the family violence:
<blockquote><tt>(4) In considering the impact of any family violence under paragraph (3)(j), the court shall take the following into account:</tt></blockquote>
<blockquote><blockquote><tt>(h) any other relevant factor.</tt></blockquote></blockquote>
Part 4 of the ''[[Family Law Act]]'' is about parenting arrangements and contact orders. The parts of the ''Family Law Act'' that talk about children's best interests and family violence are very similar to section 16 of the ''Divorce Act''. Section 37 of the ''Family Law Act'' is about the best interests of children and says this:
<blockquote><tt>(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.</tt></blockquote>
<blockquote><tt>(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.</tt></blockquote>
If family violence is present, and is a factor under sections 37(2)(g) and 37(2)(h), section 38 provides a list of additional factors to help judges and arbitrators assess the impact of the family violence:
<blockquote><tt>For the purposes of section 37 (2) (g) and (h) [best interests of child], a court must consider all of the following:</tt></blockquote>
<blockquote><blockquote><tt>(i) any other relevant matter.</tt></blockquote></blockquote>
As a resultof these sections, when judges and arbitrators the court has to make orders and awards about decision-making responsibilities, parenting time and contact under the ''Divorce Act'', or parental responsibilities, parenting time and contact under the ''Family Law Act'', they it must take into <span class="noglossary">account</span> a whole range of factors, including:
*What are the child's views and preferences, assuming the child is old enough to express them?
*How will the proposed order affect the child?
*Is the proposed order in the child's long-term best interests?
*Will the proposed order disrupt the child's present life? Is there an established routine, a ''status quo '', that the child has already settled into?
*Will the proposal disrupt the child's schooling, or reduce the child's time with their friends and family?
*Has there been family violence, and how has the family violence impacted the family and the wellbeing of the child?
If you are asking for an order or award about parenting after separation, it is very important that you have read and understand the best-interests factors , and that you think about how you can give evidence to the judge or arbitrator court about the different factors.
===Guardianship after separation===