What is the test for determining the best interests of a child under child protection?
Ontario, Canada
The following excerpt is from C.C.A.S. of HAMILTON v M.S. and A.F., 2015 ONSC 159 (CanLII):
In determining the child’s best interests, the court must assess the degree to which the risk concerns that existed at the time of the protection application still exist today. They must be examined from the child’s perspective. Children’s Aid Society of Toronto v. C.M., 1994 CanLII 83 (SCC), [1994] 2 S.C.R. 165.
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