What is the current state of the law in Canada when it comes to determining the best interests of the child in the context of child protection matters?

Alberta, Canada


The following excerpt is from Nypuik v. Nypuik, 2010 ABQB 330 (CanLII):

The leading authority is Gordon v. Goertz, 1996 CanLII 191 (SCC), [1996] 2 S.C.R. 27 where, at paragraph 50, McLaughlin J. (as she then was) said: In the end, the importance of the child remaining with the parent to whose custody it has become accustomed in the new location must be weighed against the continuance of full contact with the child’s access parent, its extended family and its community. The ultimate question in every case is this: what is in the best interests of the child in all the circumstances, old as well as new?

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