What is the test for determining who is the better parent to look after a child?

Prince Edward Island, Canada


The following excerpt is from MacPhail v. Morrow, 2000 PESCTD 67 (CanLII):

In Gordon v. Goertz (1996), 1996 CanLII 191 (SCC), 19 R.F.L. (4th) 177 (S.C.C.) McLauchlin J. speaking for the majority of the court states at p. 192 that parental conduct does not enter into the analysis of who is the better parent to look after the child unless the conduct relates to the ability of the parent to meet the needs of the child.

Other Questions


What are the "best interests" factors used by a judge to determine whether or not a child should be removed from the custody of the custodial parent and placed with the access parent? (Prince Edward Island, Canada)
What is the test for determining whether a child’s unilateral termination of a relationship is determinative? (Prince Edward Island, Canada)
Is relocation of a child by one parent a material change in the circumstances of the child? (Prince Edward Island, Canada)
What is the appropriate amount of table child support for an adult child? (Prince Edward Island, Canada)
What is the effect of the finding that W.D. was a child in need of protection and the disposition placing her in the care of the Director of Child Protection? (Prince Edward Island, Canada)
What is the test for making an interim order to remove a parent from the custody of their child? (Prince Edward Island, Canada)
What factors are considered to be relevant in the context of violence between the parents of a child apprehended by Children’s Aid Society of Halton Region? (Prince Edward Island, Canada)
What is the test for determining liability for failure to obtain informed consent in a medical malpractice case? (Prince Edward Island, Canada)
When a motion judge exercises her new fact-finding powers under Rule 20.04(2.04) and determines whether there is a genuine issue requiring trial, is it deference? (Prince Edward Island, Canada)
What is the state of communication between the parties in a shared parenting arrangement? (Prince Edward Island, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.