What is the test for a judge to determine whether a child is in the best interest of the child?
British Columbia, Canada
The following excerpt is from S.E.G. v. B.L.G., 2006 BCPC 290 (CanLII):
The law is clearly set out by Mr. Justice Burnyeat in the case of One v. One [2000] B.C.J. No. 2178 (B.C.S.C.). As always, the test is, “what is in the best interest of the child”, but the case sets out twelve factors that a judge should consider when wrestling with that question [see paragraph 24]. Analysis of the Evidence at Trial
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