What is the consideration of child protection factors in determining the child’s best interests?
Ontario, Canada
The following excerpt is from Agmon v. James, 2018 ONCJ 4 (CanLII):
[52] In Hernandez v. Nikas, [2017] ONSC 162, at paragraph 76, Justice P.J. Henderson wrote the following about this factor: It is to be noted that this consideration comes at the end of a long list of factors the court is to take into account. It is accorded no special status that suggests it should take precedence over any other consideration when determining the child’s best interests. In other words, it is but one factor the court should consider.
"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 child is in need of protection under section 74(2)(b), (f) and (h) of the Child Protection Act? (Ontario, Canada)
In determining if a court order is necessary to protect a child in the future, can the court consider protection concerns other than that that resulted in the child coming into care? (Ontario, Canada)
What is the test for determining the best interests of a child under child protection? (Ontario, Canada)
What is the test for making a child protection order under section 57.1 of the Child Protection Act? (Ontario, Canada)
What are the "best interest factors" in a child protection application? (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 factors must be considered when determining the best interests of a child? (Ontario, Canada)
What factors factor in determining whether a child becomes disentitled to support for education expenses after leaving the relationship? (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 factors should the court consider when determining a child’s best interests? (Ontario, Canada)
