Best Interests of the Child

Key Takeaway

bulb

When adults make decisions that affect your life, it's their responsibility to ensure those decisions are in your best interest.

Best interests of a child

Question

What kind of things do parents and judges need to consider when figuring out what’s in the “best interests of the child”?

Answer

Family law in Canada is based on the best interests of the child. Specific considerations include, but are not limited to:

  • Your emotional health and well-being
  • Your views, unless it would be inappropriate to consider them
  • The nature, quality and stability of your relationships with their parents guardians, and other important people
  • Who has taken care of you in the past
  • The impact of any family violence if you experienced any
  • Your cultural, linguistic and spiritual upbringing


Specific factors can vary depending on your province or territory. Go to Getting Help for resources in your area.

Question

The judge says I have to see my other parent but I don’t want to, do I have to?

Answer

Going against a judge’s order can complicate things quickly, but the most important thing is your physical and emotional safety. Don’t do anything that will put yourself in danger. Try to talk to your parents about your concerns first, and ask them to request a change to the order. Consider getting legal advice from children’s rights advocates. See Relationship with your Parents for more. See Getting Help for resources in your area.

<<
>>