What is the test in determining parental involvement in determining the best interests of the child?
Saskatchewan, Canada
The following excerpt is from Poole v Abdrakhmanova, 2012 SKQB 425 (CanLII):
The "best interests of the child" is the test in determining parental involvement whether that involvement be by way of custody or access. (See: Young v. Young et al., 1993 CanLII 34 (SCC), [1993] 4 S.C.R. 3; 160 N.R. 1; 34 B.C.A.C. 161; 56 W.A.C. 161; 49 R.F.L. (3d) 117). By virtue of s. 17(9) of the Divorce Act the best interests of the child is presumed to include maximum contact with both parents. Contact is the child's right, not the parents' and where, as in this case, a parent objects to increased contact, the onus is on that parent to rebut the presumption. ...
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