What factors must the court consider when deciding whether or not to grant custody of a child to an adoptive parent?

Ontario, Canada


The following excerpt is from Re Proposed Adoption of D.D.J. and D.M.J.J., 1996 CanLII 11964 (ON SC):

[26] Another factor that the court must take into consideration is the option available to the children if they are not returned to the applicant. The court was advised — and it is confirmed by profiles that are part of the exhibits to these proceedings — that there is a set of adoptive parents who wish to be considered as candidates for the adoption of the children. I have read their history and I am satisfied that the children have a genuine opportunity of being placed with adoptive parents who will provide them with constant stability and will meet all of their needs. As stated in the case of King v. Low and Low: It must be the aim of the court in resolving disputes between rival claimants for the custody of a child to choose the course that will best provide for the healthy growth, development, and education of the child so that he [she] will be equipped to face the problems of life as a mature adult.

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