(a) The love, affection and ties that
exist between the child and each person to whom the child's custody is
entrusted, each person to whom access to the child is granted and,
where appropriate, each sibling of the child.
(b) The capacity and disposition of the
parties involved to give the child love, affection, and guidance and
continuation of the education and raising of the child in its cultural
and religious heritage.
(c) The capacity and disposition of the
parties involved to provide the child with food, clothing and shelter.
(d) The capacity and disposition of the
parties involved to provide the child with medical care or other
remedial care recognized and permitted under the laws.
(e) The capacity and disposition of the
each parent to work cooperatively, in a friendly and non hostile
manner, with the other parent and/or other family members towards the
best interests of the child.
(f) The potential and likelihood of the
parent to abuse the power and control which would be granted to them,
should circumstances warrant them to have sole custody status.
(g) The likelihood of each parent to
respect and to comply to the best of their ability, all orders of the
court or any mutual agreement between the parties.
(h) The length of time the child has
lived in a stable, satisfactory home and community environment and the
importance of this when compared to all the factors which are
considered relevant to the best interest of the child(ren).
(i) Previous history of child abuse by
any of the parties against the children and where confirmed abuse has
been a factor in the past, the likelihood that this abuse will
continue in the future.
(j) Previous history of conflict
between the children and the parent and the liklihood that this
conflict will continue in the future.
(k) The capacity and willingness of
each of the parties to encourage and maintain a child's relationship
with their family and friends.
(l) The capacity and willingness of
each of the parties to involve themselves in their children's school.
(Studies have shown that parents involvement in their children's
school has a direct and significant impact on their children's
performance at school.
(m) The capacity and willingness of
each of the parties to involve themselves and members of their family
in community activities and events. It is recognized that a
parent's involvement in such activities helps to foster a sense of
community and sets a good role model for the child(ren) which are
important factors in the child's development and future opportunities.
(n) The permanence, as a family unit,
of the existing or proposed custodial home or homes.
(o) The moral fitness of the parties
(p) The mental and physical health of
the parties or their current spouses as it relates to their ability to
provide for the care for the child(ren).
(q) The home, school, and community
record of the child.
(r) The wishes and preferences of the
child, if it is determined that the child is of sufficient maturity
and awareness to express their wishes and preference.
(s) The willingness and ability of the
parties to facilitate and encourage a close and continuing
parent-child relationship between the child and the other parent and
the other parent's extended family and to reasonably share with the
time and costs of transporting the child(ren) between the parent's
(t) Exposure to domestic violence,
regardless of whether the violence was directed against, or witnessed
by the child, as well as the likelihood that the child may be exposed
to further incidents of violence while in the care of a parent.
(u) The integrity of the parties.
(v) Any other factor considered by the
community to be relevant to the custody of a child in any particular
child custody dispute.
(w) The capacity and willingness of
each of the parents to work cooperatively and in an accountable way
with those in the community who are trying to assist their family
resolve their difficulties and ensure that the best interest of the
children are being protected.
(x) Any other rights of the child or
parents as defined and ratified by the committee which may not be
specifically referenced in the above providing that these rights do
not conflict with the factors listed under (a to w).