There are two parts to that question. First, in subsection 16(3), the factors to be considered are listed. Paragraph 16(3)(a) specifically refers to: “the child’s needs, given the child’s age and stage of development, such as the child’s need for stability.” In our opinion, that should be a general evaluation parameter, which should perhaps even be moved to the previous paragraph, so that it establishes that the analysis is, in every case, guided by “the child’s needs, given the child’s age and stage of development, such as the child’s need for stability.”
Second, we agree that the factors listed are all very appropriate. However, we want to avoid any confusion where people may think that the factors must be applied in the order in which they are written. For example, paragraph (d), which lists “the history of care of the child” comes after paragraph (b), which says: “the nature and strength of the child’s relationship with each spouse, each of the child’s siblings and grandparents and any other person who plays an important role in the child’s life.” Now, subsection (3) says “all factors related to the circumstances of the child, including:…” I feel that there is a need to mention that no priority is given to one factor over another, and that it genuinely is the child's overall situation that must be considered.