What is the test for a natural parent in a custody dispute?
Ontario, Canada
The following excerpt is from Khan v. Kong, 2007 CanLII 61091 (ON SC):
The court awarded custody to the biological father. The court provides, at para. 86, that in the context of a best interests of the child analysis, the authorities indicate that natural parenthood is an important factor. Therefore, in a contest between a natural parent and a legal stranger, the best interests assessment requires that consideration be given to the importance to the child of maintaining the relationship between the child and the natural parent. The court cites Racine v. Woods 1983 CanLII 27 (SCC), [1983] 2 S.C.R. 173 which provides that it is the parental tie “as a meaningful and positive force in the life of the child and not in the life of the parent that the court has to be concerned about.”
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