5,310
edits
Changes
→Factors
<blockquote><tt>(5) In determining what is in the best interests of the child, the court shall not take into consideration the past conduct of any person unless the conduct is relevant to the exercise of their parenting time, decision-making responsibility or contact with the child under a contact order.</tt></blockquote>
The list of ''Divorce Act'' best-interests factors is set out in section 16(3), and the list of additional factors to be considered when considering assessing the impact of family violence is set out in section 16(4).
Section 37 of the ''[[Family Law Act]]'' says this:
<blockquote><tt>(4) In making an order under this Part, a court may consider a person's conduct only if it substantially affects a factor set out in subsection (2), and only to the extent that it affects that factor.</tt></blockquote>
The list of ''Family Law Act'' best-interests factors is set out in section 37(2), and the list of additional factors to be considered when considering assessing the impact of family violence is set out in a separate section, section 38.
The courts have expanded these factors into the following general principles when determining how parental responsibilities and decision-making responsibility will be allocated. The court may consider: