What is the test for a permanent order to place P.D.S in the care of the Director of Family and Child Services?

British Columbia, Canada


The following excerpt is from Child Fam. & Comm. Serv. Act and P.J.S., 2000 BCSC 582 (CanLII):

The trial judge, in his conclusion, addresses P.D.S.'s future were he placed in his mother's care and he expresses a combination of past difficulties and anticipated concerns leading him to conclude that P.D.S.'s best interests lie in being placed in continuing custody with the Director. In Barrett v. B.C. (Superintendent of Family and Child Services), [1985] B.C.J. No. 1079, McTaggart J. at p. 5 held that the criteria to be applied in determining whether a permanent order ought to be made included the incorporation by implication of a degree of anticipation.

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