What factors must be considered in assessing the serious harm to the child pursuant to s. 23 of the CLRA?
Ontario, Canada
The following excerpt is from Aldush v. Alani, 2022 ONSC 1536 (CanLII):
The factors to consider in assessing the serious harm to the child pursuant to s. 23 of the CLRA include the risk of physical harm, the risk of psychological harm, the views of the child, and the primary care parent not returning to the home of origin. A holistic approach to the determination of harm should be taken: see Ojeikere v. Ojeikere, at paras. 63 and 64; M.A.A. v. D.E.M.E., 2020 ONCA 486, 152 O.R. (3d) 81, at paras. 44, 58-59.
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