Going through a separation or divorce can be a stressful ordeal in one’s life. Undoubtedly, children are the most significant concern for couples after a divorce or separation, as most couples do not ponder over the issue of parenting ahead of time in the disarray of divorce.
Parents often disagree when it comes to parenting duties and time sharing. However, genuine disputes should not prevent an individual from attaining a beneficial outcome for their child. Instead, each parent should seek to satisfy the best interests test. For this, gathering evidence is crucial to demonstrate which agreements are in your child’s best interests, regardless of the means selected to proceed with the case.
What Evidence Counts As Relevant?
Parenting time is a significant factor highlighted in the case of Gordon v. Goertz,  2 SCR 27. This case also gave birth to the friendly parent rule that both parents should equally be entitled to parenting time.
Notably, decision-making responsibility and parenting matters rely entirely on the “best interests of the child” test; it entails arrangements that enable your child’s “physical, psychological, and emotional safety, stability, and well-being,” as stipulated by the Divorce Act. Parents can increase their chances of having maximum parenting time by exhibiting that they understand their child’s schedule, fully participate in their life, recognize their classmates and teachers and promote their hobbies. They can communicate and cooperate with the other parent amicably when necessary.
Evidence That May Work In Your Favour
Relevant information can include the following when it comes to proof that might show the other parent is incompetent or blatantly obstructionist:
- Evidence that they are violent or abusive
- Evidence that they try to distance the child from you
- a pattern of a refusal to collaborate with you for your child’s welfare in the past
- Choices that endanger your child’s wellness strongly.
- Schedules indicating the parent’s substantial work-related travelling and limited capacity to engage in a considerable degree of parental duty
The courts can use these criteria to analyze a parent’s abilities, living situation, and other aspects that will affect the child.
Under Canadian Family Law, the “Best interests of the Child (or children)” is the key parameter in deciding custody, parenting, and child-support cases. The best interests of the Child test expect the courts to concentrate on contemplating the children’s most significant attractions rather than on the so-called parenting rights.
Get In Touch With Us!
It is, therefore, advised to engage the services of an experienced family lawyer who can address important financial considerations like life and health insurance over the course of a divorce. Ayaz Mehdi Professional Corporation has qualified family lawyers who can best serve divorcing clients.
Disclaimer: Kindly note that sending or receiving information through this site does not establish a solicitor-client relationship. Legal matters are fact-specific, and the law is variably changing. The views expressed and the content provided on this blog are general guidelines and cannot substitute for proper legal advice. Schedule your legal consultation by clicking here: Let’s meet!