What is the test for using parens patriae jurisdiction in child protection cases?
British Columbia, Canada
The following excerpt is from M.Z. and G.Z. (Re), 2018 BCSC 325 (CanLII):
La Forest J. states at para. 42 of Eve: … even where there is legislation in the area, the courts will continue to use the parens patriae jurisdiction to deal with [uncontemplated] situations where it appears necessary to do so for the protection of those who fall within its ambit; see Beson v. Director of Child Welfare (Nfld.), 1982 CanLII 32 (SCC), [1982] 2 S.C.R. 716.
"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 a finding that a child is in need of protection under section 49 of the Child Protection Act? (British Columbia, Canada)
When a child is attending school away from home, is the child's child entitled to child support? (British Columbia, Canada)
What is the difference between the circumstances of a child and the amount paid by the father in a child placement case? (British Columbia, Canada)
What is the test for determining whether a child who has reached the age of majority but attends post-secondary school remains a child of the marriage and is entitled to child support? (British Columbia, Canada)
What is the case law in favour of reducing the amount of time a minority-time parent has to spend with her child under s. 9 of the Child Support Guidelines? (British Columbia, Canada)
What are the relevant cases in which a court has found that a child has changed to become a child of the marriage and is entitled to parental support under section 2 of the Divorce Act? (British Columbia, Canada)
What is the test for obtaining an order to remove a child from the custody of the child and place the child on a permanent basis? (British Columbia, Canada)
Is there any case law or case law supporting the use of historical income figures for purposes of determining the value of individual income? (British Columbia, Canada)
What are the factors used by the courts to determine custody of a child where the child is being moved? (British Columbia, Canada)
What is the test for determining whether a child is still a "child" when it comes to child support? (British Columbia, Canada)
