What is the legal test for advising the court that you wish the children placed in your care be placed in their care?

Nova Scotia, Canada


The following excerpt is from Nova Scotia (Community Services) v M.O, 2019 NSSC 117 (CanLII):

Simply advising the court that you wish the children placed in your care is insufficient to support a finding that it is in their best interests. The onus falls upon the adult sibling advancing the plan to provide sufficient information to support that the plan is in the children’s best interests (ref Children's Aid Society of Halifax v. B. (T.), [2001] N.S.J. No. 225 (N.S. C.A.)).

Other Questions


Is a court duty to re-weigh the evidence to determine whether it transparently and intelligibly corroborates the factual findings and legal conclusions of the Arbitrator? (Nova Scotia, Canada)
In what circumstances has access been denied to the children by the court? (Nova Scotia, Canada)
When will the court defer or delay a permanent care decision until the maximum time limit prescribed by statute has expired? (Nova Scotia, Canada)
What common professional or prevailing practice may inform the court's assessment of whether a lawyer has breached the standard of care of a reasonably competent lawyer and the duty to warn a client? (Nova Scotia, Canada)
When will the court order a primary school to be located where the children go to school? (Nova Scotia, Canada)
What is the legal test for a legal costs award? (Nova Scotia, Canada)
Does a judge have jurisdiction to require a mother to relocate to a particular community in order to continue to have primary care of the children? (Nova Scotia, Canada)
What is the effect of a change of primary care where the primary care of the child would require the child to be relocated? (Nova Scotia, Canada)
What are the factors used by the courts to determine what is in the best interests of a child in primary care? (Nova Scotia, Canada)
How has the court considered prior to and at the time of trial whether a custody agreement was in the best interests of the children? (Nova Scotia, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.