What is the test for determining whether a child is in the best interests?
Ontario, Canada
The following excerpt is from Children and Family Services for York Region v. Sa. D., 2002 CanLII 2855 (ON SC):
Since the court is now making a decision under section 65 of the Child and Family Services Act, the test is what is in the best interests of the children.[11] Prior to the amendments that took effect in 2000, the test was whether the children were still in need of protection and their best interests. See Catholic Children’s Aid Society of Metropolitan Toronto v. M. (C.).[12] Now the original protection concerns have been reduced to a risk factor when the court is determining a child’s best interests. See paragraph 12 of subsection 37(3).[13]
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
What is the test for determining whether a mother's change in circumstance is in the child's best interest? (Ontario, Canada)
When a child is away from home for 8 months of the year, does the court have to determine child support for the child over the age of 18? (Ontario, Canada)
What is the test for determining whether a parent’s best interests is that of the child's mobility impairment? (Ontario, Canada)
What is the leading case setting out the factors to be considered in determining whether it is in the best interests of a child to move? (Ontario, Canada)
What is the consideration of child protection factors in determining the child’s best interests? (Ontario, Canada)
What is the test to determine whether a child is in need of protection and their best interests? (Ontario, Canada)
What is the test for determining whether a child is in need of protection under section 74(2)(b), (f) and (h) of the Child Protection Act? (Ontario, Canada)
In a non-Hague Convention case, what is the test for a stay of a return order where the parties' best interests of the child are compromised by postponing the determination of the children’s best interests in the country where they are habitually resident? (Ontario, Canada)
What is the onus and evidentiary burden of a judge in determining whether a child over the age of majority should continue to receive child support? (Ontario, Canada)
In determining the best interests of the child, is the apprehension of a child by the Catholic Children's Aid Society of Metropolitan Toronto? (Ontario, Canada)
