What is the ultimate test for determining the best interests of the children?
New Brunswick, Canada
The following excerpt is from M. C. v. T. C., 2017 NBQB 50 (CanLII):
The parents are correct of course, the ultimate test is the “best interests” of the children. But, it has legal meaning: “It is a positive test, encompassing a wide variety of factors” (Young v. Young, 1993 CanLII 34 (SCC), [1993] 4 S.C.R. 3 at para. 206), “as determined by reference to the condition, means, needs and other circumstances of the child” (Divorce Act, Section 16 (8)).
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