What is the test for a court to determine whether a parent has a valid claim for custody of their child?
British Columbia, Canada
The following excerpt is from Vinderskov v. Vinderskov, 2000 BCSC 744 (CanLII):
In Gordon v. Goertz (supra) McLachlin J. summarized the law in this way at paragraph 49: 5. Each case turns on its own unique circumstances. The only issue is the best interest of the child in the particular circumstances of the case. 6. The focus is on the best interest of the child, not the interest and rights of the parents. 7. More particularly the judge should consider, inter alia: (a) the existing custody arrangement and relationship between the child and the custodial parent; (b) the existing access arrangement and the relationship between the child and the access parent; (c) the desirability of maximizing contact between the child and both parents; (d) the views of the child; (e) the custodial parent’s reason for moving, only in the exceptional case where it is relevant to that parent’s ability to meet the need of the child; (f) disruption to the child of a change in custody; (g) disruption to the child consequent on removal from family, schools, and the community he or she has come to know.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
What is the test for a court to determine whether or not a child has been removed from the custody of the custodial parent? (British Columbia, Canada)
Is the Chief Justice of the Court of Appeal of the Supreme Court of B.C holding that the Court has jurisdiction to determine whether a person who is not a party to a particular type of tortfeasor has a valid claim? (British Columbia, Canada)
What are the factors used to determine whether a parent has a valid parental mobility claim? (British Columbia, Canada)
What is the test for a non-custodial parent of a child who is not a custodial parent and who would benefit from the sale of the child's mother's property? (British Columbia, Canada)
What are the guidelines a court must apply in a custody matter where the custodial parent is seeking to relocate to a different place of residence with the non-custodial parent? (British Columbia, Canada)
What are the factors to consider in determining whether a child has been removed from the custody of the custodial parent? (British Columbia, Canada)
When will a court award child support to a biological parent who has never been a custodial parent? (British Columbia, Canada)
How has the inter vivos of a deceased parent been used to determine whether a parent has met her moral obligations to her adult child? (British Columbia, Canada)
What are the factors used by the courts to determine custody of a child where the child is being moved? (British Columbia, Canada)
What is the test for a judge to determine if a child has been removed from the custody of the custodial parent and re-arrested to a different location? (British Columbia, Canada)
