How has the court treated the issue of parental ties in custody cases?

Prince Edward Island, Canada


The following excerpt is from W. (N.) v. Prince Edward Island (Director of Child Welfare), 1997 CanLII 17782 (PE SCTD):

L'Heureux-Dubé J. at p. 345 quotes from the decision in Racine v. Woods, 1983 CanLII 27 (SCC), [1983] 2 S.C.R. 173, 1 D.L.R. (4th) 193 (S.C.C.) where Wilson J. stated: ... it is the parental tie as a meaningful and positive force in the life of the child and not in the life of the parent that the court has to be concerned about. As has been emphasized many times in custody cases, a child is not a chattel in which its parents have a proprietary interest; it is a human being to whom they owe serious obligations.

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