Do you want to divorce your spouse? If so, you might be overwhelmed with the situation. Divorce is tough, and it can impact your emotional, mental, and physical health. However, if it is the right decision for you, don’t hesitate to start the process. You can always get in touch with the finest divorce lawyer Barrie in the region. They can help you navigate the process and ensure the best possible outcome. Now, one aspect you need to consider when divorcing your spouse is your kids (if any). Your decision will also impact your children. The court needs to ensure that the best interests of your children are prioritized during the process. In Ontario, we have The Divorce Act and The Ontario Family Law Act, which lays out the framework for prioritizing the best interests of your children. Here’s what it looks like in each act.
The Divorce Act
If you are legally married to the spouse and want a divorce, The Divorce Act will apply to your case. In this act, the court lays major emphasis on considering children’s best interests. The court will determine the best interests of children based on these factors:
- The age, needs, and development stage of the child.
- The child’s relationship with you and another parent. Does the child have any siblings? How’s their relationship with their siblings? Do they have other significant relationships?
- Views and preferences of your child.
The Divorce Act generally states that if the child is 12 years or older, their views and preferences will be given heavy weightage during the custody battle.
You can always contact professional child custody lawyers Barrie to learn more about these considerations.
The Ontario Family Law Act
Are you separated from your partner? If so, The Ontario Family Law Act will determine the child’s best interests. Unlike the Divorce Act, this act doesn’t specify an age for children where they can decide for themselves where they want to love. Instead, the court needs to consider the following stipulated factors:
- Does the child have strong emotional ties, affection, and love for you and another parent?
- The views and preferences of your child, if they are reasonable.
- Are you and the other parent able and willing to provide for the child?
- The amount of time your child had a stable living environment.
- The stability and permanence of your family unit; the one where the child will live.
If you want to know more about child custody laws, make sure to contact us at Owen & Associates Law. Our professional Barrie divorce lawyer and their team will find the best way to proceed during divorce and ensure effective child custody. Call us
