What is the test for an order to transfer custody from one parent to the other?

British Columbia, Canada


The following excerpt is from Dowell v Hamper, 2019 BCSC 1266 (CanLII):

In Williamson v. Williamson, 2016 BCCA 87, our Court of Appeal has emphasized that: • alienation is a serious allegation and its existence and root caused must be proved by appropriate expert evidence; • such expert evidence is also required respecting alternative remedies appropriate in any individual case as being in the best interests of the child, in the short and the long term; and • draconian orders such as transferring custody from the alienating parent to the rejected parent must not be made without careful consideration whether the long-term benefits will actually outweigh any short-term emotional trauma to the child.

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