What is the court’s consideration in determining custody of a child?
Ontario, Canada
The following excerpt is from N.L-C. v. J.C., 2019 ONSC 6207 (CanLII):
In all matters relating to the custody of and access to a child, it is therefore the child’s best interest that is the only consideration for the court. A child’s best interests must be ascertained from the perspective of the child rather than the parents. It has been said that the wishes of the parents and their rights do not play a role in the determination of custody except to the extent that those considerations are necessary to ensure the best interests of the child: Gordon v. Goertz (1996), 1996 CanLII 191 (SCC), 19 RFL (4th) 177 (S.C.C.).
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