What is the court's consideration when it comes to determining the best interests of one of the parties applying for custody?
British Columbia, Canada
The following excerpt is from S.B.O. v. M.J.H., 2012 BCPC 124 (CanLII):
Normally, a Judge is required to determine the best interests of the child as it relates to custody or access as between two biological parents. Tragically, that is not the case here. Counsel provided me with case law where courts have considered the fact that one of the parties applying for custody is not a biological parent. It is clear from those cases that the over riding consideration remains what is in the best interests of the child. However the courts recognize the fact that one party is the biological parent is a significant factor and entitled to serious consideration [King v. Low, 1985 CanLII 59 (SCC), [1985] 1 S.C.R. 87at paragraph 27].
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