What is the test for establishing that a judge erred in treating the mother as the primary residence or custodial parent?
British Columbia, Canada
The following excerpt is from Hayun v. Hayun, 2022 BCCA 34 (CanLII):
The father submits that the judge erred in treating the mother as the primary residence, or custodial parent, and treating her best interests as synonymous with the child’s. The father relies on the case of Stav v. Stav, 2012 BCCA 154 at para. 59, where it was found that these errors were made by the trial judge.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
What are the guidelines a court must apply in a custody matter where the custodial parent is seeking to relocate to a different place of residence with the non-custodial parent? (British Columbia, Canada)
What is the test for a non-custodial parent of a child who is not a custodial parent and who would benefit from the sale of the child's mother's property? (British Columbia, Canada)
What is the test for a parent seeking a change in custody of a child when there is a prior order granting the mother permanent custody? (British Columbia, Canada)
Can a non-custodial parent bring a motion to block a move to Victoria by a custodial parent? (British Columbia, Canada)
What are the principles in custody when the issue is not custody but rather primary residence? (British Columbia, Canada)
What is the consequence if one parent deliberately prevents the other parent from exercising parenting time as stipulated in a parenting order? (British Columbia, Canada)
What is the test for a judge to determine if a child has been removed from the custody of the custodial parent and re-arrested to a different location? (British Columbia, Canada)
What is the submission of the Respondent on an interim order to order a primary parent to continue as the primary parent of the child pending trial? (British Columbia, Canada)
What is the law governing a variation in custody where the intention of the custodial parent to relocate was the intention to relocate? (British Columbia, Canada)
What is the test for approval of a request by a mother to change custody to a different parent? (British Columbia, Canada)
