What is the test for meeting the threshold for a judge to order a fresh inquiry into the best interests of the child?
Manitoba, Canada
The following excerpt is from Doucette v. Doucette, 2011 MBQB 265 (CanLII):
When and if the threshold is met, a Judge must embark on a fresh inquiry into the best interests of the child having regard to all the relevant circumstances relating to the child’s needs and the ability of the respective parents to satisfy them. The focus is not the interests and rights of the parents. (Gordon v. Goertz, supra.) Put another way, this is not about what the parents deserve; it is about what the children need and deserve.
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