The Court must always consider what is in the child’s best interest before making a parenting order. The parent’s interests are secondary to the child’s best interest.
In determining what is in a child’s best interest there are a number of things the judge must consider, such as family violence or risk of family violence, protection from physical and emotional harm, the benefit of the child to having a meaningful relationship with both parents and many other factors such as the child’s wishes, the child’s relationship with each of the parents and significant others, the child’s culture, the capacity of each parent to provide for the child’s needs, among them.