What is the test for setting aside a Parental Claim?

British Columbia, Canada


The following excerpt is from V. v. N., 2013 BCPC 19 (CanLII):

The dominant consideration, the welfare of the children, will not be determined solely on the basis of material advantages or physical comfort offered by one parent/applicant over the other. The welfare of the children will be decided on this and other factors, including the psychological, spiritual and emotional welfare of the children. The court must choose the course that will best provide for the healthy growth, development and education of the children, so the children will be equipped to face the problems of life as mature adults. Parental claims must not be lightly set aside, and they are entitled to serious consideration in reaching any conclusion. Where it is clear that the welfare of the child requires it, however, they must be set aside. King v. Low, (1985), 1985 CanLII 59 (SCC), 44 R.F.L. (2d) 113 (S.C.C.)

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