“In the Best Interests” of the Child- What Does It Really Mean?
The best interests test is a highly fact driven analysis, which is why it is important for parents to be aware of the factors listed in Section 16(3) of the Divorce Act. When parents do not agree on their parenting schedule and responsibilities, they need to be prepared to show why the parenting arrangement they are seeking is in the best interest of their children, and not simply what they desire as parents. Given the expansive list contained in Section 16(3), parents need to be mindful tha...
