Child Custody Lawyer Surrey

In determining what the parenting arrangement should be, the lawyer For family court looks at the best interests of the child. The factors considered in determining the best interest of the child are found in the section 37 of the Family Law Act which is as follows:

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.
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:
   1. the child’s health and emotional well-being;
   2. the child’s views, unless it would be inappropriate to consider them;
   3. the nature and strength of the relationships between the child and significant persons in the child’s life;
   4. the history of the child’s care;
   5. the child’s need for stability, given the child’s age and stage of development;
   6. the ability of each person who is a guardian or seeks guardianship of the child, or who has or seeks parental responsibilities, parenting time or contact with the child, to exercise his or her responsibilities;
   7. 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;
   8. 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;
   9. the appropriateness of an arrangement that would require the child’s guardians to cooperate on issues affecting the child, including whether requiring cooperation would increase any risks to the safety, security or well-being of the child or other family members;
   10. any civil or criminal proceeding relevant to the child’s safety, security or well-being.
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.
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.

It is best to speak to a child custody lawyer for more information about the different parenting arrangements available and determining what a court is likely to order given the particular facts of your case. At Gill & Gill Law, you can discuss your case with our expert child custody lawyer in Surrey.