“The list of best interests’ considerations in the Act is not exhaustive and is not simply a tabulated checklist. Caselaw has added some context to this list and the court includes a brief summary of those comments:
(1) The court is to take a holistic look at the child, his or her needs and the persons around the child. See: Phillips v. Phillips, 2021 ONSC 2480.
(2) It will often be important to determine if a parent will follow the terms of a court order. See: Wiafe v. Afoakwa-Yeboah, 2021 ONCJ 201.
(3) The parents should make every effort to protect the child from adult conflict see section 33.1 of the Act.
(4) Courts do not expect communication between separated parties to be easy or comfortable, or free of conflict. The issue is whether a reasonable measure of communication and cooperation is in place, and is achievable in the future, so that the best interests of the child can be ensured on an ongoing basis. See: Warcop v. Warcop, 2009 CanLII 6423 (ON S.C.).
(5) The test for determining parenting time is what order is in the best interests of the child. A child should have as much time with each parent as is consistent with the best interests of the child. See Knapp v. Knapp, 2021 ONCA 305, and Baredregt v. Grebliunis, 2022 SCC 22,
(6) The best interests of the child have been found to be met by having a loving relationship with both parents and that such a relationship should be interfered with only in demonstrated circumstances of danger to the child’s physical or mental well-being. Moreover, the child has a right to have contact with both parents. See: Klymenko v. Klymenko, 2020 ONSC 5451.
(7) A custodial parent must not just accommodate access, they must facilitate it. See; Scrivo v. Scrivo, 2012 ONSC 2727 (CanLII), 2012 CarswellOnt 5545; Tran v. Chen, 2012 ONSC 3994 (CanLII), 2012 CarswellOnt 8551.
(8) There is a presumption that regular parenting time by a non-custodial parent is in the best interests of children. The right of a child to visit with a non-custodial parent and to know and maintain or form an attachment to the non-custodial parent is a fundamental right and should only be forfeited in the most extreme and unusual circumstances. See Jafari v. Dadar [1996] N.B.J. No. 38 (NBQB).”