Courts prioritize the child’s best interests rather than declaring a “winner” in custody cases

In Canadian family law, custody decisions focus on creating optimal arrangements for the child’s wellbeing and development. The court considers multiple factors when determining custody arrangements:

• Primary caregiver history – who has been responsible for daily care and routines
• Parental capability – each parent’s ability to provide care, support, and stability
• Living arrangements – suitable housing and proximity to school/activities
• Child’s relationships – connections with siblings, extended family, and community
• Child’s preferences – when age-appropriate and maturity permits

The goal is typically to establish shared parenting arrangements that allow children to maintain meaningful relationships with both parents, unless circumstances indicate this would not serve the child’s best interests.