What is the evidentiary burden of demonstrating where the best interests of the child lie?
Ontario, Canada
The following excerpt is from L.I.O. v. I.K.A., 2019 ONCJ 962 (CanLII):
In this fresh inquiry both parents bear the evidentiary burden of demonstrating where the best interests of the child lie: there is no legal presumption in favour of the custodial parent. [Bubis v. Jones, supra at para 25]. Both parents are afforded the opportunity to present a plan which, in the view of the respective litigants, best meets the needs of the child.
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