Ontario, Canada
The following excerpt is from K.A.T. v. D.L.T., 2014 ONSC 5011 (CanLII):
McLachlin J. (as she then was) articulated the best interests test in Young v. Young 1993 CanLII 34 (SCC), [1993] 4 S.C.R. 3, 108 D.L.R. (4th) 193 at paragraph 206: The ultimate test in all cases is the best interests of the child. This is a positive test, encompassing a wide variety of factors. One of the factors which the judge seeking to determine what is in the best interests of the child must have regard to is the desirability of maximizing contact between the child and each parent. But in the final analysis, decisions on access must reflect what is in the best interests of the child.
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