What is the test for setting aside a custody agreement?
Nova Scotia, Canada
The following excerpt is from Bjarnason v. Bjarnason, 2005 NSSC 205 (CanLII):
It is suggested that if the original agreement is not in the best interests of the children then it should be set aside. There is no question that in all matters relating to custody, the paramount consideration is the best interests of the children (King v. Low (1985), 1985 CanLII 59 (SCC), 44 R.F.L. (2d) 113 (S.C.C. MacIntyre J.).
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