What is the test for assessing the best interests of the child at a custody trial?
Ontario, Canada
The following excerpt is from M.P.M. v. A.L.M., 2020 ONSC 1862 (CanLII):
As is clear from the statutory language, the best interests of the children guide the court’s analysis, conclusion and ultimate disposition. As Pazaratz J. wrote in Jackson v. Mayerle, 2016 ONSC 72 (S.C.J.) at paras. 611 - 612: Custody trials are not about attributing blame or commendation. Not about punishment or reward. Any assessment of the best interests of the child must take into account all of the relevant circumstances…Any reference to behaviour of the parents must be in relation to each parent’s ability to meet the child’s needs. The emphasis must be placed on the interests of the child, and not on the interests or rights of the parties.[37]
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