What is the test for determining what is in the best interests of a child?
Ontario, Canada
The following excerpt is from Lahey v. Gauthier, 2016 ONCJ 417 (CanLII):
[46] Determining what is in the best interests of a particular child is an exercise specific to the circumstances of that child and family. As McLachlin C.J. noted in Gordon v. Goertz, 1996 CanLII 191 (SCC), [1996], 2 S.C.R. 27 at par. 49: [e]ach case turns on its own unique circumstances and the only issue is the best interests of the child in the particular circumstances of the case. … The focus is on the best interests of the child, not the interests and rights of the parents.
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