How does the court make decisions about children?

The judge looks at what is in the best interests of the children when deciding about decision-making responsibility and parenting time. This includes:

the child’s physical, emotional, and psychological safety, security, and well-being
the relationship between each parent and the child
how long the child has lived in a stable situation
the child’s views and wishes, unless there is no way to find out what they are
each parent’s plan to care for and raise the child
if there has been abuse against any family member or any child

Family courts believe that it is usually best for children to have as much contact as possible with both parents. This does not mean parents get equal parenting time.

And, depending on the situation, and the children’s ages, the judge might want to hear their wishes too.

Important: The judge must also consider whether the parent who wants decision-making responsibility or parenting time has been violent or abusive to their partner and another family member in the past. Family violence can be physical, sexual, psychological, or financial abuse.

Non-removal orders

Courts can also make a non-removal order that stops a parent from taking the children out of a certain area, for example, a city or province.

If your partner has threatened to leave with the children, ask a lawyer about getting a non-removal order.

If you are afraid that your partner might take the children out of the area immediately, and you do not have time to find a lawyer, go to the nearest family court and ask for help from the duty counsel or advice counsel lawyer.

Enforcing orders

If your children are in school or daycare, and you think your partner might try to take them from there without telling you, talk to the staff immediately. Give them a copy of any court orders. If you have an order that says your partner cannot pick up the children at school, the staff should refuse to let your partner take them. If the order says your partner has parenting time with the children on certain days at specific times, the school should not give the children to them at any other time.

If your partner is not following the court order, talk to a family lawyer about enforcing the order or changing it. See General legal services.

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