Child custody decisions under the Divorce Act prioritize the child’s best interests through a comprehensive evaluation process

The Canadian Divorce Act establishes clear guidelines for determining child custody arrangements, focusing exclusively on what will best serve the child’s wellbeing and development. Courts carefully evaluate multiple factors when making custody decisions:

  • The child’s physical, emotional, and psychological needs
  • The strength of existing relationships with each parent
  • The child’s established routines and living environment
  • Each parent’s ability and willingness to support the child’s relationship with the other parent
  • Any history of family violence or abuse
  • The child’s cultural, linguistic, and religious heritage

Under the Act, courts may award sole custody, where one parent has primary decision-making authority, or joint custody, where parents share responsibilities. The law encourages arrangements that allow children to maintain meaningful relationships with both parents while ensuring their safety and stability.