What is the test for determining what is in the best interest of a child?
British Columbia, Canada
The following excerpt is from Webb v. Webb, 2007 BCSC 355 (CanLII):
Thereafter, in Gordon v. Gertz, 1996 CanLII 191 (SCC), [1996] 2 S.C.R. 27, the court held there is no presumptive starting point for what is in the best interests of a child. Instead, the court must undertake an inquiry that provides individual justice for every child before the court on a custody dispute. McLachlin J. (now C.J.), writing for the majority, framed the test at ¶46: “The child’s best interest must be found within the practical context of the reality of the parents’ lives and circumstances …”
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