Best Interests of the Child Ontario: CLRA Section 24 Factors Explained

The Central Test in Every Parenting Case

Every Ontario court decision about decision-making responsibility, parenting time, or contact comes down to one question: what arrangement serves the best interests of the child? Under section 24(1) of the Children's Law Reform Act, this is the only test that matters. Not the parents' wishes, not the grandparents' rights, not what seems fair to the adults — the child's best interests.

Section 24(2) adds a priority within that test: the court must give primary consideration to the child's physical, emotional, and psychological safety, security, and well-being. Safety is not just one factor among many — it sits at the top.

The Section 24(3) Factors

Section 24(3) lists the factors the court must consider. The list is non-exhaustive — a judge can weigh other relevant circumstances — but these are the statutory starting points:

The child's needs. Developmental stage, physical care requirements, emotional needs, and the stability of the child's current situation. A child who has been living with a grandparent for two years and is thriving in school has different needs than a child who just arrived after a crisis.

Care history. Who has actually been caring for the child, and for how long? This factor is significant for grandparents. If you have been the child's primary caregiver — getting them to school, managing medical appointments, providing a stable home — the court takes that history seriously. Continuity of care weighs heavily, especially for younger children.

Relationships. The strength and quality of the child's relationship with each person involved — parents, grandparents, siblings, and other important people. The court looks at emotional bonds, not just biological connections.

Willingness to cooperate. Each person's ability and willingness to support the child's relationship with the other important people in their life. A grandparent who demonstrates that they will facilitate the child's contact with their parent (where it is safe to do so) strengthens their position. A grandparent who tries to cut the parent out entirely may raise concerns.

Cultural and linguistic heritage. Plans to preserve the child's cultural identity, language, religion, and spiritual heritage. If the child comes from a specific cultural or linguistic background, the court wants to know that whoever has decision-making responsibility will maintain those connections.

The child's views. What the child wants, given appropriate weight based on their age and maturity. A teenager's clearly expressed preference carries more weight than a five-year-old's, but even younger children's feelings are considered.

Family violence. Any history of family violence as defined under section 18(1) of the CLRA — physical harm, sexual abuse, threats, patterns of coercive or controlling behaviour, or the child's exposure to violence. This factor can be decisive. Evidence of family violence by a parent significantly affects whether placing the child with that parent serves their best interests.

What This Means for Grandparents

The best interests test does not favour parents over grandparents by default. Ontario law does not include a legal presumption that a child is better off with a biological parent. The court evaluates the evidence on its merits.

That said, the practical reality is that courts generally prefer to keep children with their parents when the parents are capable and willing to provide safe care. A grandparent seeking decision-making responsibility will be most persuasive when the evidence shows that the child's safety or wellbeing requires a different arrangement — not simply that the grandparent could do a good job.

The strongest grandparent cases typically involve some combination of: a parent who is unable to care for the child due to addiction, incarceration, mental illness, or absence; a grandparent who has been providing stable care for a significant period; and a child who is bonded to the grandparent and settled in their home.

How to Present Your Evidence

For self-represented grandparents, the best interests factors are your roadmap for building your case. Your Form 35.1 affidavit should address each relevant factor with specific facts — not conclusions or opinions, but concrete details.

Instead of "I provide excellent care," write about the daily routine: wake-up time, school drop-off, homework supervision, bedtime routine. Instead of "the child loves me," describe the relationship: activities you do together, how the child responds when they are upset, what the child has said about living with you.

The judge needs evidence, not advocacy. Let the facts speak to the factors, and the factors speak to the child's best interests.

For a guide that walks through how to organize your evidence around the section 24 factors — along with worksheets, checklists, and the full filing process — the Ontario Decision-Making Order toolkit covers each step from application to final order.

See more Ontario guides →