What is the role of a judge in making a parenting order?
Ontario, Canada
The following excerpt is from J.L. v. D. L., 2021 ONSC 4997 (CanLII):
In E.M.B. v. M.F.B., 2021 ONSC 4264, Mandhane, J. explains the judge’s role at paras. 62-63: “When making a parenting order, I must stay laser-focused on the child’s best interests: preferences or “rights” play no role except insofar as they are necessary to ensure the best interests of the child: Young v. Young, 1993 CanLII 34 (SCC), [1993] 4 S.C.R. 3, at paras. 74-77, 159, 210. According to the Divorce Act, to judicially determine the child’s best interests, the court must “give primary consideration to the child’s physical, emotional and psychological safety, security and well-being”, while considering “all factors related to the circumstances of the child.” Maximal contact
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