What is the test for committal of a child in a family law case?
Saskatchewan, Canada
The following excerpt is from Moosemay , Re; Moosemay and Moosemay v. Minister of Social Services, 1982 CanLII 2446 (SK QB):
In cases for committal the interests of the child are paramount. They are, however, not the only considerations that must be taken into account One must also take into account the wishes of the parents. The wishes of the parents may be so outweighed by the considerations for the welfare of the child that they need not be considered. Their wishes would be secondary to those of the welfare of the child where the parents have so conducted themselves in such a way that their wishes were not deserving of consideration. See J. v. C., [1970] A.C. 668; [1969] 1 All E.R. 788; McKee v. McKee, 1951 CanLII 305 (UK JCPC), [1951] A.C. 352; [1951] 1 All E.R. 942; Re: Bater, Schneider, Director of Public Welfare (1967), 1967 CanLII 439 (SK CA), 59 W.W.R.(N.S.) 279.
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