The Best Interests of the Child Test in Ontario: What It Means for Your Case

When parents separate, every decision about where a child lives, who cares for them, and who makes important choices in their life comes back to one central question: what is in the best interests of the child? If your family is navigating the best interests of the child test in Ontario, understanding how courts apply this standard can help you prepare thoughtfully — and reduce conflict along the way.

This article explains the legal framework, the specific factors judges weigh, and what you can do right now to put your child (and your case) in the best position possible.

Where Does the Test Come From?

Ontario's family law draws from two main statutes when parents separate:

• The Divorce Act (federal) applies when the couple was legally married and is seeking a divorce.
• The Children's Law Reform Act (provincial, often called the CLRA) applies to unmarried parents, or to married parents dealing with parenting matters separately from divorce.

Both laws direct decision-makers — judges, mediators, arbitrators — to focus exclusively on what is best for the child. Neither the desires of one parent nor the other carry weight on their own; they matter only insofar as they affect the child.

The Factors Courts Consider

The Divorce Act lists a set of factors that courts must weigh. While you should verify the current statutory text with a lawyer, the framework generally includes:

1. The Child's Needs — at Every Age and Stage

Courts look at the child's physical, emotional, psychological, and educational needs. A toddler's need for stability and routine is very different from a teenager's need for social connection and some say in their own schedule.

2. Each Parent's Willingness to Support the Other Relationship

This is one of the most influential factors. A parent who speaks disparagingly about the other, blocks phone calls, or refuses to facilitate parenting time is signalling that they may not support the child's relationship with both parents. Courts take this seriously.

3. The History of Care

Who bathed the child, attended school meetings, took them to medical appointments, and helped with homework before the separation? Past caregiving patterns matter because they reflect each parent's capacity and involvement.

4. The Child's Relationships

Beyond the two parents, courts consider bonds with siblings, grandparents, extended family, and others who play a meaningful role in the child's life. Disrupting established relationships requires good reason.

5. The Child's Own Views and Preferences

Depending on the child's age and maturity, their perspective will be given appropriate weight. Older children's preferences are considered more seriously — though a judge is never bound to follow them. A separate article on our site addresses this topic in detail.

6. Family Violence

Any history of family violence — including violence against a parent or sibling, or exposure to violence — is a mandatory consideration. The law requires courts to assess the impact of that violence on the child and on each parent's ability to care for the child safely.

7. Proposed Arrangements

Each parent's plan for how parenting time and decision-making responsibility will work is assessed against how well it serves the child — not how convenient it is for the adults.

What Is Not Relevant

Courts are directed to look at the child's best interests only — not which parent "deserves" more time, not which parent makes more money (that is addressed through child support separately), and not whose fault the relationship breakdown was.

A parent's past conduct is relevant only if it affects their ability to parent. Being unfaithful in a marriage, for example, is generally not relevant to a parenting decision.

Practical Implications for Your Parenting Plan

If you are negotiating a parenting plan or preparing for court, the best-interests framework should guide every proposal you make:

• Document your caregiving. Keep a journal of days you are the primary caregiver, appointments you attend, and activities you organize.
• Avoid conflict in front of the child. Courts are keenly alert to children being drawn into parental disputes.
• Stay child-focused in communications. Emails and texts can be used as evidence. Write every message as if a judge will read it — because one might.
• Make reasonable proposals. A parent who comes to negotiations with an "all or nothing" stance often impresses courts less than one who genuinely prioritizes the child's wellbeing and relationships.
• Address safety concerns properly. If you have concerns about the other parent's ability to care for the child safely, raise them through proper legal channels — not by unilaterally denying parenting time.

The Role of Outside Experts

In complex cases, courts may appoint a Section 30 assessor (under the CLRA) — a mental health professional who interviews each parent and the children, observes interactions, and prepares a report with recommendations. These reports carry significant weight. In high-conflict cases, the court may also appoint the Office of the Children's Lawyer (OCL) to represent the child's interests directly.

Frequently asked questions