Children matters in divorce and separation

The Family Law Act of B.C. and the federal Divorce Act both state that when deciding how parents will share their children the only consideration is “the best interest of the child,” not of the children.


The question that has arisen is how important is it for children in a family to spend time with their parents as a group, at the same time, and for the same amount of time.


In a recent decision in Nova Scotia Doncaster v. Field 2019 NSCA 61 there were four children in the family. Two of the children wished to spend time with their father and two of them (ages 13 and 14) did not want to spend any time with their father.


The Nova Scotia Court of Appeal stated that the wishes of the children were only one factor to consider and the court granted the father access to all four children including access to the two children who did not want to see him but only at times to be arranged by these children through email with their father.


Deborah Todd Family Law Victoria

Deborah A. Todd