What is the test for a custody award in a custody matter?
Manitoba, Canada
The following excerpt is from Sedleski v. Emery, 2016 MBQB 104 (CanLII):
L’Heureux-Dube J. expressed in her dissenting judgment in Young v. Young, 1993 CanLII 34 (SCC), [1993] 4 S.C.R. 3 (at p. 7): … A custody award is a matter of whose decisions to prefer, as opposed to which decisions to prefer. … Decisions are made according to the best interests of the child without the benefit of a presumption in favour of either parent. …
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