How has the court treated the issue of parental ties in custody cases?
Prince Edward Island, Canada
The following excerpt is from W. (N.) v. Prince Edward Island (Director of Child Welfare), 1997 CanLII 17782 (PE SCTD):
L'Heureux-Dubé J. at p. 345 quotes from the decision in Racine v. Woods, 1983 CanLII 27 (SCC), [1983] 2 S.C.R. 173, 1 D.L.R. (4th) 193 (S.C.C.) where Wilson J. stated: ... it is the parental tie as a meaningful and positive force in the life of the child and not in the life of the parent that the court has to be concerned about. As has been emphasized many times in custody cases, a child is not a chattel in which its parents have a proprietary interest; it is a human being to whom they owe serious obligations.
"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
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)
How has the court considered mobility in a custody determination? (Prince Edward Island, Canada)
How have courts dealt with costs in personal injury cases? (Prince Edward Island, Canada)
What is the summary judgment case law in summary judgment cases? (Prince Edward Island, Canada)
How have the courts treated testimony that the respondent mother gave to a trial judge that she would return to Canada for the sake of the children? (Prince Edward Island, Canada)
What is a prima facie case in a sexual assault case? (Prince Edward Island, Canada)
What is the ultimate and only issue when it comes to custody and access? (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)
How have courts treated soft tissue injuries to the right fourth distal interphalangeal joint of the right hand? (Prince Edward Island, Canada)
What are the general guidelines of the Court of Appeal in dealing with media freedom issues? (Prince Edward Island, Canada)
