What is the effect of s. 15 of the s.15 report on custody of a child?

British Columbia, Canada


The following excerpt is from D.S.W. v. D.A.W., 2005 BCSC 1822 (CanLII):

There are four reasons why I make this order on an interim basis only. First, I am loathe to make a permanent order no matter how comprehensive and helpful the s. 15 report is without a trial. As was pointed out by Kirpatrick J., as she then was, in Braich v. Braich (1995), 1 C.P.C. (4th) 375 (S.C.) at p. 379: In many respects, the determination of a custody dispute holds a unique position in these courts. Unless the evidence is perfectly clear and uncontroverted, it seems to me that it would be a rare case that a judge would not wish to see and hear the parties to the dispute and their collateral witnesses. As one might expect, much of the evidence one hears in a custody dispute can be described as impressionistic. At the end of the trial, those impressions are synthesized and, taken together with the other evidence before the court, a decision is made...

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