Is it in the best interest of a child to be in the care of a parent who is happy?

Ontario, Canada


The following excerpt is from I.L.P. v. S.C., 2019 ONCJ 2 (CanLII):

There have been cases in which judges have remarked that it is in the best interest of a child to be in the care of a parent who is happy and who feels secure and thus the parent should not be “...denied the opportunity to be the most fulfilled person she can be....” ( McCullogh v. Smith, 2007 NSFC 23 at para. 43)

[64] Relocation or mobility cases, where one parent wants to take a child and move some distance away from the other parent, are among the most difficult cases in family law. If the custodial parent is permitted to move with the child, inevitably the relationship between the non-custodial parent and the child will be affected and may suffer. Typically the court must balance the custodial parent’s legitimate interest in relocating with the non-custodial parent’s legitimate interest in maintaining a relationship with the child. But in every case, the ultimate question is what is in the best interests of the child. See: Reeves v. Brand, 2018 ONCA 263.

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