Is there a presumption in law favouring the biological parents?

Yukon, Canada


The following excerpt is from C.B. v. S.B. and S.W., 2009 YKSC 12 (CanLII):

Although there is some support in the case law for a presumption in favour of the natural parents, I am of the view that the Children’s Act, supra, does not explicitly create a presumption in law but rather makes every effort to avoid such a legal presumption. The only legal presumption is that the best interests of the child must prevail. In my view, Chera v. Chera provides the proper interpretation that there is no presumption in law favouring the biological parents. DECISION

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