What is the test for the court to determine whether or not the court is being asked to step into the role of a parent?

New Brunswick, Canada


The following excerpt is from B.V. v J. L., 2016 NBQB 161 (CanLII):

I expressed that view in so many words to the parties at the outset of the hearing. I was mindful of the concern expressed in Dougherty v. Humbel: But whether or not the court is being asked to step into the role of a parent, the fundamental problem is one acknowledged by counsel for the plaintiff during argument. The court is being asked to make a far reaching decision based on limited information. (2000 BCSC 1673 at para. 13)

Other Questions


What is the test for unreasonable delays in the process of determining whether a motion has been heard in the Superior Court of Justice? (New Brunswick, Canada)
What is the test for a court to determine when a parent has access to their child? (New Brunswick, Canada)
What factors will the court consider in determining whether the mother of the child should continue to have access to the child? (New Brunswick, Canada)
When will a court require a permanent restriction on the movement of the custodial parent? (New Brunswick, Canada)
What is the test for determining whether one cause is culpable and the other causes is non-culpable? (New Brunswick, Canada)
What is the test for determining the quantum of damages awarded by the Court to the Applicant's wife? (New Brunswick, Canada)
What factors must be considered in a medical malpractice case when determining whether a patient is entitled to a full pension as a result of the disclosure provided by the surgeon? (New Brunswick, Canada)
How have the courts in the Republic of Ireland considered the criteria established in other superior court cases for establishing that spouses are living separate and apart under the same roof? (New Brunswick, Canada)
What is the test for determining whether there was a single dominant cause of injury? (New Brunswick, Canada)
What is the test for determining whether a plaintiff would have suffered a secondary injury if they had not suffered the primary injury? (New Brunswick, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.