The general policy of the courts is to promote "frequent and continuing contact with both parents”. The court will also consider factors such as the health and safety of the child, abuse, the use of controlled substances by the parents, and the nature and amount of contact with both parents.

childs's best interests
The court will attempt to determine what custody or visitation order would be in the child's best interests (FC 3011; 3040). A child generally needs both parents, and the best arrangement for the child may not be the best for the parents.

'move-away' custody cases
The period and frequency of custodial time or visitation can become a major issue when the custodial parent party intends to move from the local area. A court may be requested to hear motions for or against the prospective move-away in an effort to award custody rights in manner promoting the child's best interests. The factors that a court will consider may be numerous, and the basis of the action to some extent, will depend on the "de facto" custody arrangement.

modification of custody orders
A custody order (not a pendente lite order) may be modified on grounds of a substantial change in circumstances. When modifying an order the court may consider the same factors as stated above, with view to making a new or modified order in the child's best interests. ■
[contents] [intro] [page forward] [page backward]