Anyone familiar with Canadian family law has heard the phrase “best interest of the child”. It’s the ONLY criterion a judge can use to decide on disputes between parents. That says a lot. The convenience of the adult doesn’t matter, only the welfare of the child(ren).

In my experience as a family mediator, working with parents getting divorced, this “best interest” principle provides a solid foundation. If adults disagree on any parenting issue, the only argument that works is to explain how your position promotes your child’s best interest.

It is an elegant measuring tool. It banishes all discussion of who is a better spouse, parent or person. Canadian Family Law has been a no fault process since 1968. Instead of judging who was right or wrong in the past it simply seeks the best decisions for the children’s future.

But like many enlightened principles, the devil is in the detail. How do you predict what’s in the child’s best interest? Let’s see how this can play out in key issues.

Should We Divorce?

Does our child fare better if we stay together, or if we separate our homes and financial resources? Contrary to popular belief, divorce can actually be better for children. Child psychologists generally agree that the single greatest predictor of long term mental health issues for children is not whether their parents were divorced, but whether they were exposed to prolonged, unresolved conflict. Cold, silent conflict is as harmful as the loud, hot variety. So the verdict is, if you can’t resolve your ongoing conflict, the best interest of the children may well be to separate.

What Parenting Schedule?

This can be intensely difficult to decide. Women are more often the primary caregiver for very young children, yet mom needs to let go eventually because close bonding with dad is equally important. Shorter blocks of time with each parent work best in the early years, while older children thrive on less shuttling back and forth. In other words, schedules should evolve over time. To do that without conflict, positive communication is essential, which is one main benefit of mediation over court.

Parenting Style – Hers or His?

Both. Mom might be strict and dad more playful. Or dad cooks vegan and mom orders out. If you’re living in separate homes this isn’t your problem. When the kids are with you, do it your way, and give your ex space. Kids benefit from the best of both worlds. Instead of worrying, try having faith in their natural intelligence. In the long run your kids will gravitate toward the parenting style that is most healthy for them.

Who’s the Boss?

In my child protection training I learned to “give the child a voice, but not the choice”. Adults are responsible for decision-making. But decisions truly in the best interest of the child require the adult to be attuned to their changing needs and emotions. That means asking. And listening. And maybe inquiring about the solution they think is best. This begins an early training in thinking through the pros and cons of difficult decisions. Although the final decision is yours, the more you collaborate with the child on arriving at it, the more empowered by it they will be.

I “best interest” principle may not be easy to employ, but it provides a wise guide to our thinking.

ABOUT THE AUTHOR

Mike MacConnell, founder of Reflective Mediation, is an accredited family mediator, conflict coach, educator and author. He is the highest-ranked mediator on Google in the greater Toronto area, with over 180 5-star reviews. To book your free consultation click here.

Stress is a major component of modern life and has escalated dramatically for many people during the isolation of COVID, yet it can be hard to talk about.

Few of us know how to be heard.

Take my client Brendan, for example. He’s a healthy teenager in many ways. Frustrated with COVID restrictions, he wants to do what’s right, to be tolerant and brave without being a pain. As a result, he doesn’t talk about his loneliness, or his sleeplessness over worries about finding a girlfriend or choosing a career.

It’s OK for him not to feel OK. His sadness and worry are healthy emotional responses to adolescence in an uncertain world. But he has never been guided to accept that those emotions are healthy, or been shown how they can be managed. His parents tell him not to worry, that it’ll all be OK. His friends change the topic. News feeds he follows make the world look hopeless and heroes in his favorite shows are the strong, silent type.

Brendan wonders if there is something wrong with him when anxiety takes him into dark places. He feels ashamed and helpless and doesn’t know what to do.

Here are some tips that could help Brendan (and guide you in guiding him):

1. Find someone you trust to talk to. A parent, older sibling, guidance counselor or trusted adult. Set up a time to chat so they don’t feel ambushed. Let them know in advance you want help talking through some difficult feelings. No shame. No apologies. Vulnerability builds courage. This process will be good for you both.

2. Sit calmly to observe and find words for your feelings. Try to avoid explaining or judging them. They do NOT define who you are, but it’s important to acknowledge that they’re a big part of your life today.

3. Examine the positive “unmet need” beneath each negative emotion. For example, underneath Brendan’s loneliness may be the positive need to connect meaningfully with another person. His desire to be a productive person is behind his anxiety about choosing a career. Uncover the positive values that give rise to the negative emotion. Values come first and are permanent, while emotions come and go.

4. Focus on what you want – on the conditions and states of mind that are your goals. Stay rooted in those positive values and needs. Dream big. What is it that matters most? Who and how do you want to be? How do you get to that place? Share your vulnerable truth, with all the courage you can muster, then flip each problem upside down by describing what the solution could look like.

5. Brainstorm practical strategies for moving toward the goal. You haven’t asked for advice up till now, only for an ear. Now you can each throw out ideas. Ignore all the things you can’t do. What resources, what abilities do you have? What windows are open, even a little? How about beginning a fitness regime, downloading a self-scheduling app, setting up Zoom sessions with friends, signing up for an online course. Make a list.

6. Decide on a few practical, initial steps. Act on them. Begin modestly, but begin now.

7. Assess progress slowly, patiently. Change is incremental; it takes time. The intention to consciously change is the beginning of emotional self-management. The painful feelings you once feared and resented can now be seen for what they always were: the calls to make changes and the incentives for growth.

Keep in mind the words of Seneca, the Roman orator, who said, “what matters is not what you bear but how you bear it”.

In the realm of self-esteem and emotional health, how you bear it is ALL that matters.

Essential conversations shift youth into an empowered relationship with their emotional life.

ABOUT THE AUTHOR