What is the test for determining whether a child is in the best interest of the parent?
Nova Scotia, Canada
The following excerpt is from Blennerhassett v. MacGregor, 2013 NSCA 77 (CanLII):
Gordon v. Goertz directs that: (1) the test involves a weighing of factors, (2) there is no legal presumption, or prescribed tipping point, that favours the custodial parent, but (3) the custodial parent’s view should receive great respect, or weight, in the balance, and (4) the ultimate question, on this balance, is - What is in the child’s best interest? In my view the decision under appeal applied those principles.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Is a parent's reason for moving to another parent's home not a factor in determining whether or not they were a custodial parent? (Nova Scotia, Canada)
What factors must be considered in determining whether a child is in the best interests of the children? (Nova Scotia, Canada)
Is parallel parenting a remedy which is properly reserved for those cases where neither sole nor cooperative parenting meet the best interests of the child? (Nova Scotia, Canada)
Is the income of a child care provider relevant to determining the appropriate sharing of child care expenses pursuant to child maintenance guidelines? (Nova Scotia, Canada)
What is the test for determining whether a child with special educational needs has been changed by his or her parents? (Nova Scotia, Canada)
What is the judicial approach to determining whether grandparent access is in the best interests of the child? (Nova Scotia, Canada)
When a child is not residing with the custodial parent on a full-time basis, is the child entitled to half of the table amount of support payable to the parent? (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)
What is the impact of a change in custody of a child of one parent on the relationship of the other parent? (Nova Scotia, Canada)
What is the test for determining a parenting arrangement between parents of a 3-year-old girl and her mother? (Nova Scotia, Canada)
