When will the court consider the best interests of the parties in the balance of convenience test?

As was said in CLS v BRS, 2013 ABCA 349 at paras 11-12: It is important to clarify that it is the best interests of the child or children which will have primacy in determining the balance of convenience, not the best interests of the parents. The language in the test as read by the cases makes it clear that it is what the child or children would benefit from, not what the parents might benefit from – not necessarily what the father might like, or what the mother would like, or what their plans may be – that will influence what is in the best interests of the child. Fundamentally the decision as to what the child or children’s best interests are, ultimately, is of central importance in relation to an application for a stay. I pause to note that the best interests of the children is a matter which impacts all three parts of the test. To that extent, I agree with the sentiment of Macklin J. in Sopczak v. Gye-Sik, 2011 ABQB 77 at para 10, 95 RFL (6th) 338, where he also observed that “[w]henever courts consider the best interests of the child, there is a serious question to be tried.”