What is the test for assessing a parent's best interests in a custody dispute?

A best interests test should have a wide focus encompassing the entirety of the situation and include concerns arising from emotional harm, psychological bonding and the child’s desires. The emotional well-being of the child is of the utmost importance. Children’s Aid Society of Haldimand-Norfolk v. T.M.A. [2007] O.J. 760, para. 22

It would be contrary to a child’s best interest to remove her from a stable environment and place her in an uncertain one in which the person required to provide stability for that child has demonstrated a total lack of ability to plan for and create a stable environment for herself and the child. Children’s Aid Society of Haldimand-Norfolk v. T.M.A. supra, para. 19

To be able to parent a child a person must do more than simply react to situations, they must be proactive to plan for situations that may arise in the best interests of the child. A person must demonstrate an ability to control their own life effectively and make decisions in their own best interests to demonstrate an ability to do so for a child. Children’s Aid Society of Haldimand-Norfolk v. T.M.A. supra. paras. 16 & 17

Once an order for Crown Wardship is made, the onus shifts to the person seeking access to the child to show that access is beneficial and meaningful to the child, and will not impair the child’s future options for a permanent and stable placement. The test is conjunctive and a person must rebut both elements. Recent changes in the legislation opens the door slightly but does not change or reduce either element of the conjunctive test in S.59(2.1) CFSA. Children’s Aid Society of the Niagara Region v. D.B. [2011] O.J. No. 4956 para. 62 and 66.