What is the test for determining whether a child is in the best interest of the parent?

Nova Scotia, Canada


The following excerpt is from Blennerhassett v. MacGregor, 2013 NSCA 77 (CanLII):

Gordon v. Goertz directs that: (1) the test involves a weighing of factors, (2) there is no legal presumption, or prescribed tipping point, that favours the custodial parent, but (3) the custodial parent’s view should receive great respect, or weight, in the balance, and (4) the ultimate question, on this balance, is - What is in the child’s best interest? In my view the decision under appeal applied those principles.

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