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→Family violence and the best interests of the child analysis
===Family violence and the best interests of the child analysis===
The only thing that matters when deciding guardianship, parenting arrangements, or contact with a child, is the ''best interests of the child''. All of a child's needs and circumstances must be considered when determining their best interests, but section 37(2) of the ''Family Law Act'' lists ten specific factors. Sections 37(2)(g) and (h) describe how are specific to family violence must be considered in the context of a child's best interests:
<blockquote><tt>37(2) To determine what is in the best interests of a child, all of the child's needs and circumstances must be considered, including the following:</tt></blockquote>
<blockquote><blockquote><tt>(g) the impact of any family violence on the child's safety, security or well-being, whether the family violence is directed toward the child or another family member;</tt></blockquote></blockquote>
<blockquote><blockquote><tt>(h) whether the actions of a person responsible for family violence indicate that the person may be impaired in his or her ability to care for the child and meet the child's needs;</tt></blockquote></blockquote>
Section 38 of the ''Act'' gives more specific guidance.
<blockquote><tt>38 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>(a) the nature and seriousness of the family violence;</tt></blockquote></blockquote>
<blockquote><blockquote><tt>(b) how recently the family violence occurred;</tt></blockquote></blockquote>
<blockquote><blockquote><tt>(c) the frequency of the family violence;</tt></blockquote></blockquote>
<blockquote><blockquote><tt>(d) whether any psychological or emotional abuse constitutes, or is evidence of, a pattern of coercive and controlling behaviour directed at a family member;</tt></blockquote></blockquote>
<blockquote><blockquote><tt>(e) whether the family violence was directed toward the child;</tt></blockquote></blockquote>
<blockquote><blockquote><tt>(f) whether the child was exposed to family violence that was not directed toward the child;</tt></blockquote></blockquote>
<blockquote><blockquote><tt>(g) the harm to the child's physical, psychological and emotional safety, security and well-being as a result of the family violence;</tt></blockquote></blockquote>
<blockquote><blockquote><tt>(h) any steps the person responsible for the family violence has taken to prevent further family violence from occurring;</tt></blockquote></blockquote>
<blockquote><blockquote><tt>(i) any other relevant matter.</tt></blockquote></blockquote>
A finding of family violence can greatly impact a court's decision around parenting arrangements and how to allocate parental responsibilities in keeping with the best interests of a child. A court could decide the person responsible for family violence should have no parenting time, supervised parenting time, or no parenting time or responsibilities.