There are two sets of factors that the court and arbitrators will consider in making orders about parental responsibilities and decision-making responsibility, the factors set out in the legislation and the additional factors that have developed through the courts. As far as the legislation is concerned, section the most important factors are the children's best interests. Section 16(8) of the ''[[Divorce Act]]'' provides says that:

Section 37 of the ''[[Family Law Act]]'' says this: <blockquote><tt>(1) In making an agreement or order under this sectionPart respecting guardianship, parenting arrangements or contact with a child, the parties and the court shall take into consideration only 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 marriage as determined by reference to greatest extent possible, the conditionchild's physical, psychological and emotional safety, security and well-being.</tt></blockquote><blockquote><tt>(4) In making an order under this Part, meansa court may consider a person's conduct only if it substantially affects a factor set out in subsection (2), needs and other circumstances of only to the childextent that it affects that factor.</tt></blockquote> The list of best-interests factors is set out in section 37(2), and the list of additional factors to be considered when considering the impact of family violence is set out in a separate section, section 38.

*The parent most likely to be granted sole custody have the children's primary residence, assuming that their parenting time is not shared, is the person who was the children's primary caregiver during the relationship, assuming that it's necessary to make an order for sole custody for some reason.*Each parent's character, fitness, ability to cooperate with the other parent, and ability overall capacity to parent may be considered in determining custodyhow parental responsibilities or decision-making responsibility is allocated, depending on the circumstances of the case and as long as issues like this are genuinely important and relevant.*The court may consider each parent's mental and physical capacity in determining custodyhow parental responsibilities or decision-making responsibility is allocated, depending on the circumstances of the case and, again, as long as issues like this are genuinely important and relevant.