What is the case law in support of a mother's position in a custody action?

Ontario, Canada


The following excerpt is from J.M. v. S.A., 2011 ONSC 2042 (CanLII):

The mother also files in support of her position the case of Rogers v. Rogers, [1991] N.W.T.R. 146 (S.C.). At paragraph 17 the court sets out the following: I agree that the rationale for the granting of an order of the kind here sought, in a child custody case, cannot rest on the possibility that the person applying for custody might falsify or exaggerate an injury or some mental loss or deterioration arising from an accident. The rationale must instead be that such a person might deny even to himself or herself, and seek to conceal from the court, some mental problem serious enough to be likely to render that person unfit to have custody of a child. The interests of children are to be valued at least as highly as those of plaintiffs in personal injury actions. The interests of children are in any event paramount in custody disputes such as the present.

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