In making most decisions involving a child, the Family Law Act requires the courts to take into account a number of factors, the most important of which is the best interests of the child. The court may also consider the interests of others, but the child’s best interests are paramount.

A child’s “best interests” include their physical, psychological and emotional well being as well as a number of other factors including:

• the history of care of the child
• the child’s views and preferences
• the benefit to the child in developing relationships with both guardians
• the nature and strength of existing relationships
• any history of family violence
• any civil or criminal proceedings that may be relevant to the child’s safety or well being.