What is the test for assessing the best interests of a child?

Ontario, Canada


The following excerpt is from Mokhov v. Ratayeva, 2021 ONSC 5454 (CanLII):

An assessment of the best interests of the child must take into account all of the relevant circumstances as to the needs of the child and the ability of each parent to meet those needs. The plan for a child’s education should consider the needs, circumstances, aptitudes and attributes of the child: see Charron v. Hollahan, 2020 ONSC 4423, at para. 27, where the court held that it was in the child’s best interests to attend a school closer to his mother’s home and noted that given the parents’ respective work schedules, he would spend less time in traffic and more time with each of his parents, while minimizing the time he needed to spend in before and after school daycare.

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