In a custody dispute between two adequate parents, what factors have been considered by the Court of Appeal?

Saskatchewan, Canada


The following excerpt is from Chesko v. Chesko and Keirl, 1985 CanLII 2352 (SK CA):

Secondly a custody dispute between two adequate parents requires the court to make an agonizing decision and this case has been no exception. I express the hope that both parents will display greater co-operation because the innocent children are usually the victims of parental disputes over custody and access. Finally, I agree with my brothers that the principles of intervention on appeal in custody cases in Saskatchewan may have to be reviewed particularly in the light of Fast v. Fast, (supra) and the possible application of s. 8 of the Court of Appeal Act. The two principles of intervention, the “wrong in principle” and “error of balance” approaches are often juxtaposed as if they present two opposing methods. The difference between the two tests is perhaps more a question of degree but in some cases one test may produce a different result from the other. In this case I would reach the same result whichever approach is used. . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . .

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