What principles apply to the granting of custody?
or such provincial or territorial legislation as Ontario’s Children’s Law Reform Act. The courts will be concerned with what is best for the child and not what is best, or most convenient, for the parent. As well, both Acts provide that the past conduct of the person requesting custody is not of any consideration or significance unless it is relevant to the ability of that person to act as a parent for the child in the current circumstances. The Divorce Act at (section 17 (10) states that the court: “shall give effect to the principle that a child of the marriage should have as much contact with each spouse as is consistent with the best interests of the child and, for that purpose, shall take into consideration the willingness of the person for whom custody is sought to facilitate such contact.” The Ontario Children’s Law Reform Act at section 19 (a) states that one of the purposes of the Act is: “to ensure that applications to the courts in respect of custody of, incidents of custody
