1-877-797-9411
Contactez un avocat
DC Logo F-no-tagline
DC Logo F-no-tagline

Best interest of the child

Fill out the form below to receive a no-obligation consultation

  • This field is for validation purposes and should be left unchanged.

Anonymous Asked:

If the parent who has maintained "primary custody" since separating, has resided at their parents house rent free, bill free, and regularity does not spend any time with the child due to long school days, and personal plans, is there a chance that the other parent could use this as evidence that perhaps the child may benefit from being in their care instead? The primary parent has no source of income, aside from child tax benefits and child support, which they often argue is not enough and demands more (even though it has been settled by the courts). When the primary parent is unavailable to care for the child, often the aunt (who also lives at the parents home) will unhappily babysit, or when grandma and grandpa aren't claiming divorce and moving out of the home they will babysit, or the school-year daycare provider will babysit.  This is not in the best interest of the child.

The household scenario is toxic and seems to be reflecting in the childs behaviour and mental stability. The other parent offers a 2 income home, a stable 8-4 work day and discipline - something that is not currently at the primary home.

Any feedback would be greatly appreciated.

Expert Comment:

Subscribe
Notify of
1 Comment
Oldest
Newest Most Voted
Inline Feedbacks
View all comments

The answer to your question is “yes.” All of these factors are relevant in determining what the best interest of the child is in relation to custody/access. I would need to speak with you prior to commenting on whether I believe that you have a good case to change the primary residence; however I once again comment that the factors noted by you are positive ones in relation to supporting an argument that the best interest of the child requires that the child spend additional time with you, perhaps even up to primary residence. You are welcome to telephone me at 866-557-3222 for a free consultation.

(The information provided above is general, not legal advice, as circumstances vary from case to case. As well, generally speaking, the above information relates to Ontario law. Thus, if you wish legal advice that you can rely upon for your specific case, or if you are making inquiries where Ontario law may not apply, please contact Andrew Kania for a free consultation).

Latest Questions Asked:

DC Icon

Can I not pay child support in Canada?

Hi, I'm a 17 years old guy and I accidently got my ex-girlfriend pregnant (if she is not lying). The problem is, we are not dating anymore and I cannot pay the child support. I don't even work and my parents would probably kill me. So I spoke to her ye ...

DC Icon

Spouse under-reporting income to CRA and doesn't want to pay support

My spouse has been deliberately under-reporting income over the last few years in preparation for a divorce. How can I prove this, as my spouse does not want to pay spousal support?

DC Icon

My ex stopped child support payments

My ex stopped his child support cheque (it bounced). His lawyer is demanding (unreasonable) information about child and stopped the payments to extort that information. According to our separation agreement, my ex has to keep paying even if there are d ...

DC Icon

Child support payments while on EI

When the parent who has to pay child support and is on unemloyment insurance does he still have to pay? If yes when do i receive the support check?

DC Icon

Missing Child since 2009

My wife ran away to Hong Kong in 2009, I have no news of my son since. I have an e-mail contact with her and that's it. I want to see my son, hold him in my arms... we are in 2016, it's been 7 years... She doesn't let me talk to him or see him, and she ...

DC Icon

Ex lives in the Philippines - how can I get divorced?

I lived here in BC for more than 6 years and have legally separated with husband in the Philippines. Now i want to file an uncontested divorce from here but the problem is, my ex husband is not allowed to sign the divorce paper that i prepare since Div ...

See All Questions
magnifiercrosschevron-down
1
0
Would love your thoughts, please comment.x
()
x