What does best interest of the child mean in Quebec law?

In Québec, the best interest of the child is the central principle guiding all custody, access, and parental decision-making. Under C.c.Q. art. 33 and Divorce Act s. 16(2), courts consider the child’s emotional, physical, and psychological needs, as well as the stability of living arrangements, the relationship with each parent, and the capacity of each parent to meet the child’s needs. The child’s views are also considered when age and maturity allow. All judgments and parental agreements must prioritize the child’s safety, development, and overall well-being above parental conflict or preference.

C.c.Q. art. 33; Divorce Act ss. 16(1)–(3); Droit de la famille – 20240 (C.A., 2020)

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