What is the test for well-being in a child's care?
British Columbia, Canada
The following excerpt is from D.M. v. C.R., 2021 BCPC 318 (CanLII):
In cases dealing with the well-being of children, a court is not obliged to reach specific factual conclusions as to what has transpired while children have been in their parents’ care in making an order respecting parenting arrangements: NDT v. TFT, 2016 BCSC 134 at para. 103. This principle is recognized implicitly in s. 37(3) of the Family Law Act, which provides only that the best interests of a child be advanced through an order that protects a child’s physical, psychological and emotional safety, security, and well-being to the greatest possible extent. This wording contemplates that evidence in family cases is often of a type that may be only suggestive of the truth, and that resists drawing specific conclusions: NDT v. TFT, 2016 BCSC 134 at para. 103.
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