Does a judge have to make presumptions or presumptions in a custody application?

With respect, I do not agree. The trial judge was well apprised that presumptions are not permitted in the individualized inquiry into what is in the best interests of a particular child (para. 143). In accordance with the approach to initial applications established in Nunweiler, the trial judge reviewed the evidence with respect to factors 5-7 listed in para. 49 of Gordon v. Goertz (cited in para. 34 above), noting that an application of those factors does not “change the conventional approach to determining custody … which requires a balancing [of] all relevant factors, including a parent’s proposed move with the child to a new community” (para. 130, citing Falvai at para. 25).