What is the legal position of the primary care parent in determining the best interests of the child?
Ontario, Canada
The following excerpt is from Al Kowatli v. Berrwin, 2021 ONSC 4999 (CanLII):
It is acknowledged there is no legal presumption in favour of the primary care parent. Their views are entitled to great respect and the most serious consideration, but it is the best interests of the child that is determinative. It is not the interests or rights of the parents (Gordon v. Goertz).
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