In what circumstances would a parent be denied custody in a custody battle between a parent and a non-parent?
Ontario, Canada
The following excerpt is from F.(C.A.) v. Children’s Aid Society of Hamilton-Wentworth, 1980 CanLII 236 (ON SC):
[57] In Wiltshire v. Wiltshire: On the other hand, in a contest between a parent and a non parent, a parent would be denied custody when to give him custody would likely endanger the child’s welfare — such as by separating him from those he has come to know as his parents without good reason to believe that others could fill that void, or, as in the instant case, by taking him from and orderly household where he was being properly looked after and where he was happy and ‘at home’ and placing him on a shift basis with his father and with his father’s friends.
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