What is the "best interests of the child" test in determining parental involvement?

Saskatchewan, Canada


The following excerpt is from R.B.G. v. P.M.S., 2008 SKQB 83 (CanLII):

[39] The “best interests of the child” test is the test in determining parental involvement whether that involvement be by way of custody or access. (See: Young v. Young et al 1993 CanLII 34 (SCC), [1993] 4 S.C.R. 3; 160 N.R. 1; 34 B.C.A.C. 161; 56 W.A.C. 161; 49 R.F.L. (3d) 117). By virtue of s. 17(9) of the Divorce Act the best interests of the child is presumed to include maximum contact with both parent. Contact is the child’s right, not the parents’ and where, as in this case, a parent objects to increased contact, the onus is on that parent to rebut the presumption. ...

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