Whether you are seeking custody of children in a divorce proceeding, or whether you are involved in a custody battle with your ex, the issue of custody addresses certain issues on behalf of the children. This approach has developed by courts in different jurisdictions and often set out in legislation. It is clear that almost any court, of any common law jurisdiction, once assuming jurisdiction over the child or children, will consider the same or similar issues to the ones set out in section 24 of Children’s Law Reform Act (See Custody section ). A recital of these provisions have been set out in this website under the 'Best Interest' Test. These statutory provisions provide a comprehensive, yet easy to follow, check list for anyone seeking custody or access in Ontario.