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Both the Children’s Law Reform Act and the Divorce Act require decisions about child custody and access to be made based on the best interests of the child.  This generally involves a consideration of:

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  • the ability of each parent to care for the child
  • the ties between the child and each parent
  • the stability of the child’s current living arrangements
  • the strength of each parent’s plan to care for the child in the future, and,
  • in appropriate circumstances, the child’s wishes.

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The law also states that the judge must consider any incidents of violence or abuse when assessing a person’s ability to parent.

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