What is the test for a court to order custody of a child where there is no prior order for permanent custody?
British Columbia, Canada
The following excerpt is from M.M.A. v. L.C.A., 2003 BCSC 250 (CanLII):
This is evident from the words of Finch J.A. (as he then was) in A.L. v. D.K. (2000), 2000 BCCA 455 (CanLII), 9 R.F.L. (5th) 341 (B.C.C.A.) at para. 13, where he refers to Mr. Justice Hinds’ (as he then was) decision in Kamimura v. Squibb (1988), 1987 CanLII 2965 (BC SC), 13 R.F.L. (3d) 31 (B.C.S.C.) and states the following: Where no prior order for permanent custody has been made, a court’s order for custody must be based on a full and balanced consideration of all factors touching on the best interests of the child. An agreement concerning custody between contending parties is an important factor to take into consideration, but is only one factor.
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