What is the test for obtaining a guardianship order?
New Brunswick, Canada
The following excerpt is from New Brunswick (Minister of Social Development) v JP, 2014 NBQB 25 (CanLII):
Having said all of that, it should be restated that a guardianship order should only be granted when the credible evidence establishes on a balance of probabilities that it is the “child’s best interest” to permanently terminate parental rights. Minister of Social Services v. M.L. (1984), 1984 CanLII 4272 (NB QB), 56 N.B.R. (2d) 343 (N.B.Q.B.) at paragraph 34. Guardianship is a judgment that must be made after cautious consideration. C. (G.C.) v. New Brunswick [1998] 1 S.C.R. 1073 (S.C.C.) at paragraph 13.
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