Is there a presumption in law favouring the biological parents?
Yukon, Canada
The following excerpt is from C.B. v. S.B. and S.W., 2009 YKSC 12 (CanLII):
Although there is some support in the case law for a presumption in favour of the natural parents, I am of the view that the Children’s Act, supra, does not explicitly create a presumption in law but rather makes every effort to avoid such a legal presumption. The only legal presumption is that the best interests of the child must prevail. In my view, Chera v. Chera provides the proper interpretation that there is no presumption in law favouring the biological parents. DECISION
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
What is the test to apply in cases where one parent wants to move to a new location with the child and the other parent opposes the move? (Yukon, Canada)
When will a court order joint custody and equal parenting time and residence with the child? (Yukon, Canada)
What is the test for establishing that a defendant has a presumption of prejudice against the applicants in a motion for summary judgment? (Yukon, Canada)
What is the test for a variation in a parenting order? (Yukon, Canada)
How will income be imputed when a parent alleges that their child is suffering from a mental illness that is not related to unemployment? (Yukon, Canada)
What is the test for having access to a parent who has a history of domestic violence? (Yukon, Canada)
What is the standard of review under the Privative Clause? (Yukon, Canada)
What is the limitation of a mother’s right to seek to relocate her elderly, disabled mother to a new home where P is living with her elderly grandmother? (Yukon, Canada)
What is the legal test for recklessness? (Yukon, Canada)
What is the duty of a plaintiff to mitigate after injury? (Yukon, Canada)
