What is the test for section 37 of the Family Law Act?
British Columbia, Canada
The following excerpt is from J.S v S.S., 2018 BCSC 355 (CanLII):
Thus, as noted by Kent J. in Bilan v. Bilan, 2015 BCSC 21 at para. 127, “[t]he starting point of s. 37 of the [FLA], then, is a consideration and determination of the child’s needs and how, in the circumstances of any given case, the health, psychological and emotional well-being of the child can be protected and promoted to the greatest extent possible.”
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