how do you prove that children aren't thriving

[trinton]

Aside from a child's report card, what else can be used to show that the children aren't thriving in the current regime ?

[Tayken]

Aside from a child's report card, what else can be used to show that the children aren't thriving in the current regime ?

You will need a good assessment to assist the court as to if the children are "not thriving". Generally, when this allegation is made by one parent an assessment (Section 30 or OCL) is ordered.

Note that often parents have vastly different perspectives on the needs of the children and on their respective capacities to respond to those needs. The court doesn't adhere to the "different parental perspectives" but, on the best interests test generally.

This case may be helpful. It shows the evidence (from an assessor) used to make a finding that the children are not thriving in a parents care:

Ganie v Ganie, 2015 ONSC 6330 (CanLII)

Date: 2015-10-14
Docket: FS-14-80487-00
Citation: Ganie v Ganie, 2015 ONSC 6330 (CanLII), http://canlii.ca/t/gll8d

Generally what I have seen in my review of case law is (a) an assessor and (b) lots of independently gathered evidence from this assessor.

Good Luck!
Tayken