What is the test for setting aside a parent's claim under the Child Support Act?
Nova Scotia, Canada
The following excerpt is from Nova Scotia (Community Services) v L.D., 2014 NSFC 25 (CanLII):
The jurisprudence is clear on proceedings under the Act: it is a child-centered, not a parent-centered, lens through which the court must view the evidence. Further, in the well-known case of King v. Low, 1985 CanLII 59 (SCC), [1985] 1 S.C.R. 87, at p. 39, the court writes: “.... the dominant consideration to which all other considerations must remain subordinate must be the welfare of the child....Parental claims must not be lightly set aside, and they are entitled to serious consideration in reaching any conclusion. Where it is clear that the welfare of the child requires it, however, they must be set aside.”
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