What is the test for the court to determine the best interests of the child in the context of apprehension?
Ontario, Canada
The following excerpt is from Children’s Aid Society of Toronto v. A.M., 2016 ONCJ 607 (CanLII):
In determining the best interests of the child, the court must assess the degree to which the risk concerns that existed at the time of the apprehension still exist today. This must be examined from the child’s perspective. See: Catholic Children’s Aid Society of Metropolitan Toronto v. C.M. 1994 CanLII 83 (SCC), [1994] 2 S.C.R. 165 (S.C.C.). 3.2 Other Plans for the Children
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
In determining the best interests of the child, is the apprehension of a child by the Catholic Children's Aid Society of Metropolitan Toronto? (Ontario, Canada)
When a child is away from home for 8 months of the year, does the court have to determine child support for the child over the age of 18? (Ontario, Canada)
In determining the best interests of the child, what is the test for assessing the risk to the child of apprehension? (Ontario, Canada)
In determining if a court order is necessary to protect a child in the future, can the court consider protection concerns other than that that resulted in the child coming into care? (Ontario, Canada)
What is the test for a court to determine what is in a child's best interests when mobility is in issue? (Ontario, Canada)
When making a determination of habitual residence of a child who was removed from the care of the child by the Court of Appeal in 2010, is it improper to rely on facts arising from the wrongful removal of the children? (Ontario, Canada)
In a non-Hague Convention case, what is the test for a stay of a return order where the parties' best interests of the child are compromised by postponing the determination of the children’s best interests in the country where they are habitually resident? (Ontario, Canada)
What factors should the court consider when determining a child’s best interests? (Ontario, Canada)
What is the test for a court to determine if a parent who has been ordered to pay child protection funds for the past 10 years will not comply with the terms of the court order? (Ontario, Canada)
What factors will the court consider in determining the best interests of the child? (Ontario, Canada)
