When making a parenting order or a contact order, the court must consider only the best interests of the child involved. In doing so, court should prioritize the child's physical, emotional, and psychological safety, security, and well-being.

The court should consider various factors related to the child's circumstances, such as:

• their age,

• developmental needs,

• need for stability,

• relationships with family members,

• the willingness of each parent to support the child's relationship with the other parent,

• history of care,

• the child's views (if ascertainable),

• cultural and religious upbringing,

• plans for the child's care,

• ability and willingness of each person to meet the child's needs,

• ability to communicate and cooperate, and

• any family violence.

When considering family violence, the court should take into account factors such as:

• the nature, seriousness, and frequency of the violence,

• whether there is a pattern of controlling behavior,

• if the child is directly or indirectly exposed to the violence,

• the harm or risk of harm to the child,

• compromise to safety,

• fear experienced by the child or other family members,

• steps taken to prevent further violence and improve the ability to care for the child, and

• any other relevant factors.

The court should not consider past conduct unless it is relevant to parenting time, decision-making responsibility, or contact with the child.

When allocating parenting time, the court should aim to give each parent as much time with the child as possible while considering the child's best interests.

Parenting order

A court can make an order regarding parenting time or decision-making responsibility for a child. This can be done upon the application of either or both parents or a person who is a parent or intends to be a parent.

• The court can make an interim parenting order while the application is being processed.

A person who is not a spouse but is a parent or intends to be a parent can only make an application with the court's permission.

The court can include various provisions in the parenting order, such as allocating parenting time, allocating decision-making responsibility, specifying communication between the child and others involved, and addressing other relevant matters.

The court can set the order for a specific period or until a specific event occurs and impose appropriate terms, conditions, and restrictions.

An order may include the following:

• The order may direct the parties to attend a family dispute resolution process, subject to provincial law.

• The order may authorize or prohibit the relocation of the child.

• The order may require supervised parenting time or supervised transfers of the child.

• The order may prohibit the removal of the child from a specified geographic area without written consent or a court order.

• Parenting time can be allocated through a schedule.

Decision-making for a child

Unless otherwise ordered by the court, the person allocated parenting time has the authority to make day-to-day decisions regarding the child during that time.

Decision-making responsibility for the child can be allocated to one or both spouses or to a person who is not a spouse but is a parent or intends to be a parent.

Unless the court orders otherwise, any person with allocated parenting time or decision-making responsibility has the right to request and receive information about the child's well-being, including health and education, from the other person with allocated parenting time or decision-making responsibility or from relevant individuals, in accordance with applicable laws.

Contact order

A contact arrangement sets out the parameters for when a parent is able to be in contact with their child.

A person who is not a spouse can apply to the court for an order to establish contact with a child of the marriage. The court can make an interim order to allow contact between the person and the child while the application is being processed.

• A person can only make an application referenced above with the court's permission unless they already obtained permission to apply for a parenting order

The court considers various factors, including whether the person could have contact with the child during another person's parenting time when deciding whether to make a contact order.

A contact order can specify the form of contact, such as visits or communication methods, and address any other relevant matters. This includes the following:

• The court can set the contact order for a specific period or until a specific event occurs, and it can impose appropriate terms, conditions, and restrictions.

• The order can require supervised contact or supervised transfer of the child between individuals.

• The order can state that the child cannot be taken out of a specified geographic area without the written consent of specific individuals or a court order.

If a parenting order for the child has already been made, the court can modify the parenting order to include the contact order, and relevant provisions apply accordingly.

Parenting Plan

When making a parenting order or a contact order, the court must include any parenting plan submitted by the parties, unless the court believes it is not in the best interests of the child. If the court determines that modifications are needed, it can make changes to the plan and include it in the order. The purpose is to ensure that the parenting plan reflects the best interests of the child.

Canada Divorce Act s.16-16.6