What is the test for a judge to determine what is in the best interests of the children of a separated parent?
Ontario, Canada
The following excerpt is from Murray v. Beale, 2021 ONSC 1542 (CanLII):
A judge tasked with determining what is in the best interests of the children must also have regard to the desirability of maximizing contact between the children and each parent. This means that a child should have as much contact with each parent as is consistent with the child’s best interests. See: Young v. Young,1993 CanLII 34 (SCC), [1993] 4 S.C.R. 3 (S.C.C.).
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