What is the current state of the law in relation to an initial custody application?

British Columbia, Canada


The following excerpt is from Pasco v. Pasco, 2015 BCSC 1412 (CanLII):

In applying the various authorities referred to above to the present case, I start from the position that this is an initial custody application. While the order of Madam Justice Harris established a custody and parenting regime, it was on an interim basis. Madam Justice Harris herself recognized that the trial judge may come to a different conclusion based on a more fulsome consideration of the evidence. Thus, what is required is a fresh inquiry into the best interests of Connor and how, in the circumstances of this case, those interests can best be protected and promoted (paraphrasing Kent J. in Walker v. Maxwell, 2014 BCSC 2357at para. 61, aff’d 2015 BCCA 282).

Other Questions


What is the current state of the law in the United States in relation to disclosure to the Canadian authorities regarding Charter of Rights and Freedoms? (British Columbia, Canada)
What is the test applicable to a custody application to vary custody? (British Columbia, Canada)
What is the current state of the law in relation to a parent's application to relocate? (British Columbia, Canada)
What is the current state of the law in Canada on an application for bail in relation to an international arrest warrant for an alleged terrorist act? (British Columbia, Canada)
What is the current state of the law on credit for time served in pre-trial custody? (British Columbia, Canada)
What is the current state of the law on amplification of a wiretap application? (British Columbia, Canada)
What is the current state of the law on the interpretation and application of s. 36(2) of the BC SPCA? (British Columbia, Canada)
What is the current state of the law relating to credibility and reliability of witnesses? (British Columbia, Canada)
What is the current state of the law in relation to the production of relevant documents? (British Columbia, Canada)
What is the current state of the law in relation to the Tobacco Reform Act? (British Columbia, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.