Best interests of the child test:
- The merits of an application under this Part in respect of custody of or access to a child shall be determined on the basis of the best interests of the child, in accordance with subsections 2, 3 & 4.
- The court shall consider all the child’s needs and circumstances, including:
- the love, affection and emotional ties between the child and,
- each person entitled to or claiming custody of or access to the child,
- other members of the child’s family who reside with the child; and
- persons involved in the child’s care and upbringing;
- the child’s views and preferences if they can be reasonable ascertained;
- the length of time the child has lived in a stable home environment;
- the ability and willingness of each person applying for custody of the child to provide the child with guidance and education, the
- necessaries of life and any special needs of the child;
- any plans proposed for the child’s care and upbringing;
- the permanence and stability of the family unit with which it is proposed that the child will live;
- the ability of each person applying for custody of or access to the child to act as a parent;
- the relationship by blood or through an adoption order between the child and each person who is a party to the application.
- A person’s past conduct shall be considered only:
- in accordance with subsection (40; or
- if the court is satisfied that the conduct is otherwise relevant to the person’s ability to act as a parent.
- In assessing a person’s ability to act as a parent, the court shall consider whether the person has at any time committed violence or abuse against:
- his or her spouse
- a parent of the child to whom the application relates
- a member of the person’s household, or
- any child
- For the purposes of subsection (4), anything done in self-defense or to protect another person shall not be considered violence or abuse.
