What factors should the court consider when determining a child’s best interests?
Ontario, Canada
The following excerpt is from J.H. v. K.S., 2020 ONCJ 624 (CanLII):
[8] No one factor in the statutory definition of a child’s best interests is given statutory preeminence. The court should consider the level of hostility and the extent to which that hostility may undermine the child’s stability. Wilson v. Wilson, 2015 ONSC 479.
[9] The court must ascertain the child’s best interests from the perspective of the child rather than that of the parents and the child should have maximum contact with both parents if it is consistent with the child’s best interests. Gordon v. Goertz, 1996 CanLII 191 (SCC), [1996] 2 S.C.R. 27.
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